What is a Simple Assault in Virginia?
A Simple Assault in Virginia is Threatening to Commit a Battery
Simple assault in Virginia (Va. Code §18.2-57) is threatening to commit a harmful or offensive contact. In other words, it is threatening to commit a battery. An offender can be convicted of a Virginia simple assault even if he does not make any contact with the victim. However, words alone are not enough to convict an offender of a Virginia simple assault. He must commit some overt, physical act indicating an intent to commit an imminent battery.
Click here for more information on battery in Virginia.
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Click here for more information on the difference between assault and battery in Virginia.
Penalty for Simple Assault in Virginia
A simple assault in Virginia is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500. However, if the offender intentionally selected the victim of the simple assault because of race, religion, color, or national origin, the minimum penalty is 6 months in jail (30 days of which are a mandatory, active sentence).