In Virginia, Battery (often called Assault and Battery) and Assault (often called Simple Assault) are serious criminal offenses. Typically, Simple Assault and Assault and Battery are charged as misdemeanor offenses for which one can be given a lengthy jail sentence and a substantial fine. However, under certain circumstances Simple Assault and Assault and Battery charges have a mandatory jail sentence and can even be elevated to a felony offense with a possible prison sentence.
In accordance with the Code of Virginia § 18.2-57 (c), it is considered a class 6 crime to assault any of the following:
- A judge;
- A law officer;
- An emergency medical personnel (i.e., paramedics or firefighters);
- A security officer; and
- Any correctional officer or employee of a correctional institution.
If you have assaulted any of the above persons, then you should consult Virginia sexual assault & battery attorneys immediately.
Generally speaking, a simple assault is a Class 1 misdemeanor that carries a severe sentence of up to one-year duration in jail and/or a fine of up to $ 2,500. However, the most serious forms of aggression have more serious penalties.
The assault for hate crime carries a sentence of 30 days of mandatory prison.
Assault on a protected employee takes at least six months in jail.
An assault against a family member is generally a class one offense. However, if you have previous convictions of domestic violence in the past twenty years, then the third charge will be presented as a felony.
According to Virginia sexual assault & battery attorneys, many people incorrectly believe that assault and battery are the same crime. They are not. On the other hand, they are two different crimes.
On the one hand, assault occurs when a person places another person in reasonable fear for their safety or for being touched offensively. In other words, an assault is an attempt to commit a battery. The prosecution must show that the defendant had performed an act with the intention of committing a battery, but was unsuccessful in his attempt.
On the other hand, a battery is the deliberate use of force or violence over another. In effect, the battery makes it a crime to hit another person. The battery is a successful attack made by any harmful or offensive contact. There does not have to be an injury for a battery to occur. A simple touch that offends a reasonable person under the circumstances can cause it. If your child has been charged with an assault-related crime, then you can get more information about the Virginia juvenile justice process by consulting a well-versed team of Virginia sexual assault & battery attorneys. If you face an assault and rape allegation in Virginia, talk to a reliable assault and battery attorney as soon as possible to help yourself understand the charges, evaluate any possible defense, and get the most favorable outcome.