Simple Assault Charge in Virginia
June 3, 2018 by Jean Humbrecht
A simple assault charge in Virginia sounds innocuous, but do not let the name fool you. A simple assault charge in Virginia needs to be taken seriously. In addition to jail and fines, a conviction for a simple assault charge in Virginia will result in a permanent criminal record that can never be expunged.
What is a Simple Assault Charge in Virginia?
Assault in Virginia is putting a person in fear of a harmful or offensive contact. In other words, it is threatening to commit a battery or performing a physical act indicating an intent to commit a battery against another person. A Virginia assault charge is usually referred to as simple assault (Va. Code §18.2-57).
A Simple Assault Charge in Virginia is a Class 1 Misdemeanor
Va. Code §18.2-57 also criminalizes assault and battery (which is usually charged when there has been an actual harmful or offensive touching). An assault and a battery in Virginia are not the same thing. An assault does not need to actually result in a battery (a harmful or offensive touching). At the same time, words alone are not enough to constitute an assault in Virginia. There must be some overt act indicating a threat to do physical harm.
For more information on assault and battery in Virginia, click here.
For more information on battery in Virginia, click here.
For more information on the difference between assault and battery in Virginia, click here.
Penalty for Simple Assault Charge in Virginia
A simple assault charge in Virginia is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500. If, however, the offender selected the victim based on race, religion, color or national origin, he will be sentenced to a minimum of 6 months in jail, 30 days of which is a mandatory minimum, active sentence.
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