Fairfax Assault & Battery Attorneys

Defending Against Assault and Battery Charges in Virginia 

Although they are often grouped together, assault and battery are two separate crimes. In Virginia, assault is defined as intending to cause bodily harm or intending to cause someone to fear imminent bodily harm, regardless of whether the victim is actually physically harmed. Battery, on the other hand, involves the unwanted or unlawful touching of another person. Battery can be carried out directly by an individual or by an object over which the alleged offender has control.

Virginia prosecutes the crimes of assault and battery harshly. If you have been accused or arrested for assault and/or battery, it is crucial that you contact an experienced criminal defense attorney right away. At Lawrence, Smith & Gardner, we can help you understand your legal rights as we work to protect your future. 

For a free and confidential consultation with one of our Fairfax assault and battery attorneys, call (703) 382-5840 or contact us online today. 

Different Types of Assault and Battery Charges 

Assault and battery are charged in different ways, depending on the circumstances of the incident. Some of the factors that influence how assault and battery may be charged include whether anyone was injured, whether the alleged offender used a deadly weapon in the commission of the crime, the relationship between the alleged offender and the victim, and whether discrimination or prejudice played a role in how the victim was targeted. 

In Virginia, assault and battery may be charged as: 

• Simple Assault/Battery: In most cases, simple assault and battery are charged as Class 1 misdemeanors. The penalties for a conviction of a Class 1 misdemeanor in Virginia include up to one year in jail and up to $2,500 in fines.
• Felony Assault/Battery: The crimes of assault and battery become elevated to felony charges when certain factors are present. These include cases involving injuries, hate crimes, brandishing a weapon on or near school grounds, or when the defendant is a repeat offender. Assault and/or battery against a police officer, correctional officer, firefighter, or judge can also be charged as a felony. Depending on the degree of felony charged, a conviction can result in one year in jail or one to five years in prison, as well as steep fines. More serious felony charges can result in longer prison sentences and more expensive fines.
• Domestic Assault and Battery: Domestic assault and battery charges involve violence between individuals who have a domestic relationship, such as spouses, partners, or family members. These charges can carry enhanced penalties, and if convicted, a defendant may face long-term consequences, including a restraining order and loss of custody or visitation rights.

Penalties for Assault and Battery Convictions in Virginia

Virginia takes assault and battery charges seriously, and the penalties for a conviction can have long-lasting consequences. The penalties you face will depend on the type of offense, the severity of the harm caused, and whether there are any aggravating factors.

For simple assault and simple battery, the maximum penalty is typically a Class 1 misdemeanor, which can carry:

• Up to 12 months in jail
• A fine of up to $2,500
• Probation or community service

However, if the assault or battery is deemed aggravated or involves serious bodily injury, the penalties can increase significantly.

For aggravated assault or aggravated battery, the penalties may include:

• Up to 5 years in prison (or more, depending on the specific circumstances)
• A fine of up to $2,500 or more
• Restitution to the victim for medical bills or other damages

For a felony charge such as assault or battery on a law enforcement officer or battery with a weapon, you could face:

• Up to 10 years in prison (or more, depending on the charge)
• A large fine
• Permanent loss of rights, such as the ability to possess firearms

The penalties for assault and battery charges can significantly impact your future, which is why working with a Fairfax assault and battery attorney is essential to ensuring the best possible outcome.

Domestic assault and battery charges may lead to:

• A mandatory 30-day minimum jail sentence if convicted
• A permanent criminal record
• A protective order or restraining order
• Loss of child custody or visitation rights

Common Defenses to Assault and Battery Charges 

If you have been charged with assault and battery, you may have several defenses available to you. 

Some of the most common defenses to these charges include: