Virginia Assault Charge
April 15, 2018 by Jean Humbrecht
A Virginia assault charge needs to be taken seriously. Virginia assault charges usually stem from fights which happen in the heat of the moment, but unfortunately result in criminal charges which could have drastic long-term consequences. In addition to jail and fines, a conviction for a Virginia assault charge will result in a permanent criminal record that cannot be expunged.
What is a Virginia Assault Charge?
A Virginia Assault Charge is a Class 1 Misdemeanor
Assault in Virginia is basically putting a person in fear of a harmful or offensive contact (a battery). In other words, it is threatening to commit a battery or performing some physical act indicating an intention to commit a battery against another person. A Virginia assault charge is usually referred to as simple assault. The statute, Va. Code §18.2-57, also criminalizes assault and battery (which is usually charged when there has been an actual harmful or offensive touching). For more information on assault and battery in Virginia, click here.
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 battery in Virginia, click here.
For more information on the difference between assault and battery in Virginia, click here.
Penalty for Virginia Assault Charge
A Virginia assault charge is a Class 1 misdemeanor. It is punished with up to 12 months in jail and a fine up to $2,500. However, if the offender selected the victim of the assault based on race, religion, color or national origin, he will be sentenced to a minimum of 6 months in jail, and 30 days of that time is a mandatory minimum, active sentence. If injury was caused to the victim intentionally selected because of any of these factors, the offense becomes a felony assault.
Assault and assault and battery charges can also be felonies in other circumstances, depending on the injury inflicted, the severity of injury inflicted, the intent of the offender to cause serious injury, and whether the victim was in a certain class of profession performing his official duties.
For more information on felony assault charges in Virginia, click here.
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