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