Virginia Felony Assault and Battery Laws

What are Assault and Battery and What are the Crimes?

People in Virginia usually mix up the Assault and Battery crime and do not understand the difference between it. Well, in reality, there are two different things. Assault and Assault and Battery. People think of this crime under the battery charges only, but in Virginia Law, there is a lot more to it than you can think. Committing any of the offense, whether Assault or Assault and Battery, both have serious outcomes and will cost you heavily regarding charges and penalties. We are breaking down for your ease so that you can understand how a person can commit assault;

  • Any person who overacts and gets physical by any mean, it will be counted in the assault category. If a person intends to inflict any bodily harm to anyone, it will straight fall in to assault crime category. Although, if you file a complaint against anyone on hate speech or harsh words, that won’t fall in Assault category, nor the threatening part would change anything. But, if he keeps on threatening then things can change; if the person starts heading towards the victim while threatening with the intention to harm or physically abuse, then the assault charge can be filed against him.
  • Putting anyone in fear of assault can also be filed for the assault charges. If anyone tries any overt act where he intends to make the other person fall in fear of being assaulted, it will be charged into the assault category, and the proceedings will happen. If a person fears bodily harm from someone, then the accused person can be charged with assault crime under the law of Virginia. For, g., If a victim is forced to move towards a person with the fear of having a gun in other’s person hand, then the victim can file for the case even if the other person is not holding or having a gun in his hand.

Assault and battery charges fall under the category of misdemeanor 1 in the Code of Virginia. The penalties are serious but not so long if we talk about the sentencing. Maximum of 1 year in jail if you are found guilty of the assault and battery charges; or you can pay the fine decided by the court, which can raise up to $2,500 maximum. The Court can also order for the restitution in favor of the victim which can raise the fine amount. If you are charged with the misdemeanor 1 for the first time, or assault and battery charges are the first crime you have committed, then the Court might show some leverage to you and give you lesser harsh penalties than decided in the law.