Learn how Virginia defines and punishes assault and battery crimes.
Updated March 23, 2023
Virginia's assault and battery crimes start off as misdemeanors but become felonies if the offense involves a weapon, bias, or protected classes. Read on to learn what acts constitute assault and battery and how these acts are punished under the Virginia Code.
Assault and Battery Crimes in Virginia
Virginia case law provides the following definitions of assault and battery.
Definition of Assault
A person commits assault in Virginia by:
- doing some outright act intending to cause another bodily harm and having the apparent ability to cause that harm, or
- doing some outright act intending to place another in fear of bodily harm and causing that fear in the victim.
Assault crimes don't require any contact or touching of a victim.
For instance, a person who's shouting angrily at another and making threats while carrying a bat has committed assault. If that person swings the bat at a victim and misses, it's also an assault, even if the victim's back was turned and the victim was unaware of what was happening. While words alone won't support an assault conviction, they may provide evidence of intent or fear.
Definition of Battery
Virginia defines battery as an unwanted or unlawful touching of another done in a rude or angry matter either by the defendant or by an object set in motion by the defendant. Grabbing someone's face and trying to forcefully kiss them is a battery, as is spitting on them. Pushing someone or grabbing their hair or arm would constitute a battery. It's also a battery to throw or push an object at someone, such as a ball, lamp, or cart.
No Injuries
Neither assault nor battery offenses require physical injuries for a conviction. In some cases, bodily injuries may enhance battery penalties or support charges for malicious or unlawful bodily injuries.
(Va. Code § 18.2-57 (2023); Kelley v. Com., 822 S.E.2d 375 (Va. Ct. App. 2019).)
What Are the Penalties for Simple Assault and Battery Charges in Virginia?
Simple assault and battery offenses cover a variety of scenarios, some of which come with mandatory jail sentences.
Simple Assault and Battery Crimes
Most simple assault and battery crimes carry class 1 misdemeanor penalties in Virginia. A person convicted of a class 1 misdemeanor faces up to a year in jail and a $2,500 fine.
These penalties apply to the crimes of:
- assault and battery
- assault and battery by a mob
- assault and battery on a family or household member, and
- assault by firearm or weapon (brandishing).
Mandatory Minimum Sentences
Mandatory minimum sentences apply in the following instances.
Hate crimes. It's considered a hate crime if a person commits assault and battery and targets the victim based on race, religion, gender, gender identity, sexual orientation, disability, color, or national origin. This crime carries a mandatory 6-month sentence, 30 days of which must be served in jail.
School employees. A person who commits battery against a school teacher or employee engaged in their duties faces a minimum 15-day sentence, of which 2 days must be served in jail. If the defendant used a firearm or other weapon, the mandatory minimum sentence increases to six months.
Health care provider. Committing battery against a health care provider who's performing duties in a hospital, emergency room, clinic, or other health care facility carries a mandatory minimum 15-day sentence with a minimum of 2 days to be served in jail.
(Va. Code §§ 18.2-42, 18.2-57, 18.2-57.2, 18.2-282, 18.2-282.1 (2023).)
What Are the Penalties for Felony Assault and Battery in Virginia?
Assault and battery offenses carry felony penalties in the following circumstances, when:
- the offense is a hate crime resulting in injuries
- the defendant commits assault by firearm or weapon (brandishing) near or on school grounds
- a defendant commits repeated offenses of assault and battery against a family or household member, or
- the defendant commits the offense knowing the victim is a law enforcement officer, firefighter, correctional employee, or judge.
These offenses carry class 6 felony penalties of one to five years in prison or a jail sentence of one year. Most of these felonies also come with mandatory minimum sentences of at least six months.
Battery offenses committed by inmates against correctional employees are class 5 felonies if the battery results in a bodily injury. Class 5 felonies carry one to 10 years in prison or a one-year jail sentence.
(Va. Code §§ 18.2-55, 18.2-57, 18.2-57.2, 18.2-282, 18.2-282.1 (2023).)
Defenses to Assault and Battery Crimes in Virginia
Available defenses to assault and battery crimes depend on the circumstances of the offense. A defense attorney might raise an affirmative defense or try to poke holes in the prosecutor's case. If a prosecutor cannot prove all the elements of a crime beyond a reasonable doubt, the judge or jury must acquit.
Self-defense. A common defense in assault and battery crimes is self-defense. For instance, the defendant might argue that the alleged victim attacked or threatened to attack the defendant first.
Consent. In the case of battery charges, a victim's consent to the touching may be a defense (unless consent was coerced or forced).
Unreasonable fear. For assault cases, a defendant might argue that the prosecutor failed to prove that the victim's fear was reasonable. For example, the defendant might try to show a victim's reaction was overly sensitive and the average person wouldn't have reacted the same way.
Wrong defendant. It's also possible that the police got the wrong person or the victim or an eyewitness incorrectly identified the defendant as the culprit. In these cases, a defendant might need to present an alibi or other witnesses to testify that someone else committed the crime or try to discredit the eyewitness's testimony.
Contact a Lawyer
If you're facing assault and battery charges in Virginia, contact a local criminal defense attorney. A lawyer can explain the charges and their possible consequences, walk you through how the criminal legal system works, and zealously defend your case.
