Battery in Virginia:
An offensive and/or harmful contact with another person, without authorization, is considered to be a battery in Virginia. This harmful contact is not required to be from the offender to the victim, it could also be if the offender had thrown something at the victim such as a rock. However, the victim does not need to be an injury after the battery, the simple touching is considered to be a battery in Virginia.
Assault in Virginia:
If a person menaces a victim and the victim would become fearful of immediate injury and/or the person attempts a battery towards the victim, then it’s considered to be a simple assault. An example of this could be if the offender sends a threat through email or if he/she calls a person on the phone and makes the victim feel that a battery might occur to him/her. Also, an assault is made if an offender comes up to the person or victim and starts shouting at him/her making the victim feel uncomfortable.
Assault by a Phone and/or Other Electronic Means:
When a person sends a threatening message to another person it is considered to be a felony and could punish the offender with fines and/or up to a five-year jail sentence. However, if the threat that was sent referred to the offender occurring in school, then the jail sentence could go up to ten years.
The Difference Between a Battery and an Assault:
Unlike a battery, an assault in Virginia does not require the actual touching of the victim, merely attempting to touch or hit or throw something at the victim is considered to be an assault.
Assault and Battery Acquiring Domestically:
A domestic assault and/or battery offense is when an offender commits an assault and/or battery on a person that is his/her family member such as his/her child, spouse and/or former spouse, living in the same home as the offender by law, couples that are unmarried and have children together, non-married couples, and/or a couple that had been in a relationship within the prior 12 months or one year are all considered to be the offender’s family.
Penalties for an Assault and/or Battery in Virginia:
An assault and battery offender could be severely punished in many ways and are considered to be misdemeanors. Firstly, if the offender is convicted of assault and/or battery, then he/she could go to jail for a sentence of up to 12 months or one year and/or could pay a fine of up to $2500. These penalties will increase if the offender committed an assault or battery with hatred towards the victim, due to his/her religion, race, or national origin. These penalties will be extra strict if the assault and/or battery are committed against a police officer. This committed assault on an officer would subject the offender to at least a six-month jail sentence and could even increase up to five years.
If you need a Virginia Assault and Battery Lawyer to help you with your Assault and Battery case in Virginia, call us at 888-437-7747. Our Virginia Assault and Battery Attorneys can help you.