Battery on a Schoolteacher in Virginia
September 1, 2015 by Jean Humbrecht
With the new school year comes new criminal charges in Virginia court rooms. In addition to the basic Virginia assault charge (Va. Code §18.2-57(A)), Virginia separately criminalizes a battery on a schoolteacher in Virginia (Va. Code §18.2-57(D)).
Battery on a Schoolteacher in Virginia
Battery on a Schoolteacher in Virginia is Punished with Mandatory Minimum Jail Time
A battery in Virginia is any willful, unwanted touching of another done without justification or excuse. The touching does not have to result in any injury to be a battery. The touching can also include causing some object to come into contact with the victim, even if the offender himself never touched the victim.
Va. Code §18.2-57(D) is violated when an offender commits a battery on a person that he knows or should know to be a school teacher or school official engaged in his duties. This statute criminalizes battery only-not assault.
For more information on battery in Virginia, click here.
For more information on assault in Virginia, click here.
Penalties for a Battery on a Schoolteacher in Virginia
Battery on a schoolteacher in Virginia under Va. Code §18.2-57(D) is a Class 1 misdemeanor. It is punished by up to 12 months in jail and/or a fine up to $2500.
Unlike an assault charged under Va. Code §18.2-57(A), conviction for a battery on a schoolteacher in Virginia under Va. Code §18.2-57(D) results in a minimum jail sentence of 15 days, and 2 of these days are a mandatory minimum, active sentence.
There is a mandatory minimum sentence of 6 months for a battery on a schoolteacher in Virginia if the battery involved a firearm or other weapon. The offender must actually use one of the prohibited weapons in the battery in order to be convicted. The weapons triggering this enhanced penalty are found in Va. Cod §18.2-308.1. A full list of the weapons that enhance the penalty for a violation of Va. Code §18.2-57(D) can be found here.
A charge of battery on a schoolteacher in Virginia under Va. Code §18.2-57(D) needs to be taken seriously. A conviction will result in MANDATORY jail time and use of a weapon to commit the battery will result in a MINIMUM of 6 months in jail. This is nothing compared to a permanent criminal record which cannot be expunged.