What is a Virginia Simple Assault?
A Virginia Simple Assault is Punished with Jail and a Fine
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. A Virginia assault charge is usually referred to as simple assault (Va. Code §18.2-57).
An assault does not need to actually result in a battery (a harmful or offensive touching). However, words alone are not enough to constitute an assault in Virginia. There must be an 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 Virginia Simple Assault
A Virginia simple assault is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500. If the victim was selected based on race, religion, color or national origin, the offender will be sentenced to a minimum of 6 months in jail (with a 30 day mandatory minimum, active sentence).
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