What is A Battery in Virginia?
A Battery in Virginia is An Unwanted, Offensive Touching
A battery in Virginia is an unwanted touching. To convict an offender of a Virginia battery, the Commonwealth must prove that the offender touched another person, without excuse or justification, and the touching was done in a rude, insulting, angry or vengeful manner. For purposes of a Virginia battery, touching can even be with an object set in motion by the offender that touches another person. As a result, spitting on another person in Virginia is a battery.
Assault and battery in Virginia is a Class 1 misdemeanor and is punished with up to 12 months in jail and a fine up to $2,500. If the battery was on a schoolteacher, there is a minimum jail sentence of 15 days, with a mandatory minimum, active sentence of 2 days. The mandatory minimum sentence is 6 months if the offender used a weapon to commit the battery.
There are defenses to a Virginia battery charge, including lack of intent (an accident), self-defense, public authority, and consent. Establishing one of these defenses depends on the facts of each case.