Assault & Battery Defense in Virginia

While some view incidents like bar fights or shoving matches as minor, Virginia — along with its police and prosecutors — treats assault and battery as a serious criminal offense. Regardless of your intent, a charge can result in jail time, fines, and a criminal record that follows you for life.

What constitutes assault and battery?

In Virginia, assault and battery are often charged together as a single offense:

• Assault: An attempt to commit battery, or intentionally causing another person to fear being touched without their consent — for example, raising a fist and threatening to strike someone.
• Battery: The unauthorized touching of another person in a rude or offensive manner, or causing injury — for example, intentionally punching someone.

Consequences of assault and battery

Assault and battery is typically charged as a Class 1 misdemeanor in Virginia, carrying:

• Up to 12 months in jail
• Fines up to $2,500
• A criminal record affecting employment, housing, and professional licensing

How to fight an assault and battery charge

Defending against these charges may involve:

• Self-defense: Showing you acted to protect yourself from harm.
• Defense of others: Showing your actions protected someone else.
• Lack of intent: Arguing the act was unintentional or accidental.
• Insufficient evidence: Challenging the Commonwealth's ability to prove its case beyond a reasonable doubt.