What is a Virginia Assault?
Assault in Virginia is threatening a harmful or offensive contact. 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.
Threatening Harmful or Offensive Contact is an Assault in Virginia
Assault is not the same thing as battery in Virginia. An assault does not need to actually result in a battery. A battery in Virginia is a harmful or offensive touching done in a rude, angry, insulting or vengeful manner. A battery in Virginia is usually charged as assault and battery under §18.2-57.
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 Virginia Assault
A Virginia assault is a Class 1 misdemeanor. It is punished with up to 12 months in jai 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.
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