Assault & Battery Charges in Virginia

Fairfax Criminal Defense Lawyers

While assault and battery are usually considered in the same charge, they are different. Battery involves a willful physical action or touching, usually done in an insulting or rude manner. Assault is an intent to harm or cause offense usually by threatening a victim’s safety.

Types of Assault

Assault and battery charges are classified as simple or aggravated, and each comes with their own penalties, defenses, and sentences.

Simple Assault

A simple assault is one where there is no serious injury. This is considered a Class 1 misdemeanor with a maximum sentence of one year in jail and/or a maximum fine of $2,500. If the assault is deemed a hate crime, or if it is performed upon a law enforcement officer or school official, penalties may be steeper. In these cases you will be charged with a Class 6 felony and face a prison sentence of at least six months.

Aggravated Assault

An aggravated assault is an attack where a weapon is displayed or used in a threatening manner. It usually involves a willful intent and typically results in injury such as broken bones, cuts, or loss of consciousness. If you are convicted of this crime, you can face a fine of up to $100,000, and a Class 6 felony offense resulting in a five year prison sentence, or a Class 3 felony offense resulting in a 5-20 year sentence.

Defenses That Could Apply to You

In order for you to be convicted of assault and battery, it must be established that you intentionally touched the victim and that the manner of touching was offensive.

Defenses that could be applicable to you include:

  • The alleged victim’s consent
  • Self-defense
  • Accidental touching
  • A position as a public authority

Whether you have been charged with simple assault, aggravated assault, or assault of a protected figure such as a police officer, firefighter, or school principal, you can count on our team at Langone & Fasullo, PLLC to fight for your rights in and out of court.

For a free and confidential consultation, contact our office today at (703) 391-1161!