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What is Simple Assault in Virginia?
January 18, 2018 by Jean Humbrecht
Have you ever wondered, what is simple assault in Virginia? There are a number of different assault and battery charges in Virginia, all with different requirements for proof and penalties. If you are wondering, what is simple assault in Virginia, read the post below.
Simple Assault in Virginia is Threatening a Harmful or Offensive Contact
For more general information on assault and battery in Virginia, click here.
What is Simple Assault in Virginia?
Simple assault in Virginia (Va. Code §18.2-57) is putting a person in fear of or threatening a harmful or offensive contact (a battery). The offender does not need to actually make physical contact with the victim to be convicted of a simple assault in Virginia. However, words alone are not enough to convict an offender of a simple assault in Virginia. The offender must commit an overt, physical act indicating an intent to commit an imminent battery.
For more information on the difference between assault and battery in Virginia, click here.
Penalty for Simple Assault in Virginia
A Virginia simple assault is a Class 1 misdemeanor. It is punished with up to 12 months in jail and a fine up to $2,500. If, however, the offender intentionally selected the victim of the simple assault because of race, religion, color, or national origin, he will be sentenced to a minimum of 6 months in jail with a mandatory, active sentence of at least 30 days if convicted.