Is Pushing Someone Considered Assault in a Domestic Setting?

A common misconception is that domestic assault charges only arise from severe physical altercations. In reality, something as seemingly minor as a push can still lead to legal consequences, especially in a domestic setting. Under Virginia law, even a simple push can be classified as assault and battery, particularly when it involves family or household members, such as spouses, children, or cohabitants.

The seriousness with which Virginia treats domestic violence cases is a double-edged sword. While laws aim to protect victims, misunderstandings can quickly escalate into full-blown legal battles, including potential criminal charges. Prosecutors often pursue assault cases relentlessly, even if the alleged victim wishes to drop them, leaving the accused individual in a vulnerable position.

But there’s hope. Every case is unique, and various defenses may be available, from self-defense claims to challenging the evidence. At Randall, McClenney, Daniels & Dunn, PC, we understand the stress and uncertainty that accompany facing domestic assault charges. Our domestic violence attorneys will work tirelessly to protect your rights and build a strong defense.

Can I Be Charged with Assault for Pushing Someone During an Argument in a Domestic Setting?

Yes, an individual can be charged for pushing someone during an argument in a domestic setting in Virginia. In the Commonwealth, domestic violence is typically charged as “assault and battery against a family or household member” under state code § 18.2-57.2. This offense includes acts of:

• Physical harm
• Force
• Threats causing a family or household member to fear for their safety

Even if no visible injuries result, the act of pushing can still lead to charges. Pushing someone during an argument can be considered a form of battery, which involves intentional physical contact without consent.

What is the Difference Between Assault and Battery?

The Commonwealth of Virginia makes a legal distinction between assault and battery. It lies in the presence or absence of physical contact, as defined under Virginia Code § 18.2-57.

Assault

Assault is an intentional act that creates a reasonable fear or apprehension of imminent physical harm or offensive contact in another person. It does not require physical contact.

Battery

Battery involves intentional physical contact with another person without their consent, which is harmful or offensive.

Both offenses are grouped under the same statute (§ 18.2-57) and are classified as Class 1 misdemeanors, punishable by up to twelve months in jail and a $2,500 fine.

If There’s No Contact, Can I Still Be Charged with Assault?

Yes, under Virginia’s assault laws, it is possible to face charges even if no physical contact occurs. The law defines assault as an intentional act causing another person to have a reasonable apprehension of imminent harmful or offensive contact. For instance, shoving someone without causing injury might still lead to an assault charge.

Difference Between Domestic Violence and Assault and Battery Charges

The primary difference between domestic violence and assault and battery charges in Virginia lies in the relationship between the parties involved. Domestic violence specifically applies to offenses committed against a family or household member.

Virginia law is quite broad in its definition of family or household members and includes:

• Current or former spouses
• Parents, children, and siblings
• Individuals who share a child together
• Cohabitants or those who have lived together in the past twelve months

In contrast, assault and battery can occur between any individuals regardless of their relationship.

While both offenses are typically classified as Class 1 misdemeanors — punishable by up to 12 months in jail or a fine of up to $2,500 — domestic violence charges often carry additional implications, including mandatory arrest policies and potential impacts on family law matters or firearm possession rights.

Both felony and misdemeanor assault charges involve serious legal consequences. The specific circumstances of a case will determine how they are prosecuted.

Is Pushing Someone Away in Self-Defense Considered an Assault?

If one person pushes another away to defend themselves, it is generally not considered assault in Virginia as long as the action meets the legal requirements for self-defense. State law allows individuals to use reasonable force to protect themselves from imminent harm, but there are specific conditions that must be met:

• The person must reasonably believe that they or someone else is in immediate danger of physical harm or unlawful force.
• The force used must be proportional to the threat faced, as excessive or unnecessary force may not qualify as self-defense.
• A person cannot claim self-defense if they are the initial aggressor; they must first attempt to retreat or de-escalate the situation before using force.
• The belief that force was necessary must be reasonable under the circumstances, as judged by what a typical person would perceive.

If someone pushes another person away to prevent harm and their response is proportional (e.g., pushing to create distance rather than causing personal injury), this can be considered lawful self-defense. However, if the push is deemed excessive or unnecessary, given the threat, it could lead to assault charges.

When Does Pushing Someone Become Assault?

Under Virginia law, simple assault is defined as an unlawful attack or an attempt to cause harm, which can include physical contact, such as pushing. This type of assault does not require actual injury to the victim, meaning that even a minor push can lead to charges if it instills fear or apprehension of harm in the victim.

If a person pushes another with the intent to cause harm or create fear, it may be classified as assault. The context matters. For example, if the push occurs during a heated argument or confrontation, it is more likely to be viewed as an assault than a playful shove among friends.

The presence of witnesses can significantly impact the prosecution of a pushing incident. If a police officer witnesses the act or if credible witnesses corroborate the victim’s account, the case for assault charges will be strengthened.

What Happens if a Family Member Presses Charges on You for Assault?

When a family member presses assault charges in Virginia, the accused may face significant legal consequences, especially when actual physical contact is made.

• The individual will likely be arrested and charged under Virginia Code § 18.2-57.2 as a domestic violence offense, typically classified as a Class 1 misdemeanor for first or second offenses.
• The case will be heard in the Juvenile and Domestic Relations Court, where the Commonwealth of Virginia, not the victim, controls the prosecution.
• Once charges are filed, the accuser cannot simply drop the charges because the case is then in the hands of the Commonwealth’s attorney.

The accused may face potential penalties, including up to 12 months in jail, fines up to $2,500, and additional consequences such as loss of child custody or employment challenges. A third offense within 20 years escalates to a Class 6 felony, carrying more severe penalties, including 1-5 years in prison.

Potential Defenses Against Domestic Assault Charges

Individuals facing domestic assault charges can work with a skilled attorney who can leverage defensive strategies to fight these charges.

Self Defense

In a self-defense strategy, the accused has to demonstrate their actions were necessary to protect themselves from imminent harm and that the force they used was reasonable and proportional.

Lack of Evidence

A defense based on lack of evidence may be effective if the prosecution cannot meet its burden of proof, as mere allegations without supporting evidence are insufficient for conviction.

False Accusations

The accused can challenge false allegations by presenting evidence that the claims were fabricated out of spite, revenge, or other ulterior motives

Other defensive strategies may include the defense of others, consent, and no malicious intent.

Why Clients Choose Randall, McClenney, Daniels & Dunn

Facing domestic violence or assault charges is a frightening prospect. Clients often turn to the domestic violence and criminal defense lawyers at Randall, McClenney, Daniels & Dunn, PC for legal representation because our attorneys are well-known for their client-first approach.

The attorney-client relationship is very important to the legal team at Randall, McClenney, Daniels & Dunn. Our attorneys commit themselves to each client and have a proven track record of passionately advocating for Virginians’ rights. Our law firm’s attorneys are caring, compassionate, and willing to listen to the client’s side of the story.

Our attorneys understand situations can spiral out of control and firmly believe that everyone has the right to share their side of the conflict and have strong legal representation. Once we get a full picture of the incident, we will aggressively pursue legal solutions and defensive strategies with our client’s best interests in mind.

Testimonials

“From case intake thru case adjudication, the attorney assigned to my case, paralegal and admin staff were phenomenal. They were prompt, courteous and thorough. Ultimately, the attorney appeared on my behalf and I was blessed with an exceptional outcome! Mad props to Team Randall!” — Gregory M.

Your Future is at Stake, Act Now

Facing domestic violence charges is a scary prospect, especially if severe or minor injuries occur. The knowledgeable and experienced domestic violence and criminal defense attorneys at Randall, McClenney, Daniels & Dunn, PC, are here to provide clients with legal advice and advocacy.

With a team of lawyers collectively possessing more than 85 years of experience, Randall, McClenney, Daniels & Dunn, PC can offer the guidance and support necessary to protect one’s rights and preserve relationships with children or other family members. We will fight for the best possible outcome for each client. If a case needs to be taken to trial, our attorneys are not afraid to do so.

If you find yourself in a situation where you need someone who is equipped to aggressively advocate on your behalf, Randall, McClenney, Daniels & Dunn, PC is here for you. To schedule a free consultation, fill out our online contact form or give our law office a phone call at 757-742-6115. A member of our legal team will be in touch.

If you face other family law issues, such as obtaining a divorce decree, pursuing child custody, legal guardianship, child support, restraining orders, or grandparents’ rights, our legal team can help with those and other issues as well.