Charged With Assault Or Battery? Get A Local Criminal Defense Attorney On Your Case.
Being charged with assault and battery is serious, and a conviction could result in serious penalties. Assault and battery offenses could lead to a misdemeanor or felony charge in Virginia, depending on the nature and severity of the alleged offense.
At Randall & Bruch, PC, our skilled and experienced team is standing by to help when you need a Virginia assault and battery defense attorney by your side. We will conduct a complete investigation into the charges against you and seek to get them reduced or dismissed altogether. If you are facing these charges in Southampton, Emporia, Brunswick, Suffolk or the surrounding areas, contact us today for a free initial consultation.
Understanding Definitions And Laws Regarding Assault, Battery And Both In Our Commonwealth
In Virginia, assault is the premeditated attempt or threat to harm someone, typically inciting fear in the person who is the target. Battery, on the other hand, is offensive or harmful contact. Since assault often leads to battery, the legal definitions in Virginia statutes typically combine the two terms, referring to offenses as assault and battery.
We can find assault and battery laws covered in Virginia Code §18.2-57. As we examine the language of this law, we find a range of definitions and penalties, including the following:
- Basic assault and battery: A conviction for a simple assault or assault and battery charge could be classified as a Class 1 misdemeanor offense, punishable by up to 12 months in jail and a fine of up to $2,500.
- Assault and battery based on religion or ethnicity: If a person commits assault and battery against a person and selected their victim specifically because of the person’s race, color, national origin or religious conviction, the defendant faces a minimum of a six-month jail term with a mandatory 30-day minimum of active incarceration. If the victim of this offense suffers from a bodily injury, the defendant will face a Class 6 felony, punishable by one to five years in prison.
- Assault and battery of a police officer or other government worker: If assault and battery is committed against a law enforcement official or other government officials, a person could face a Class 6 felony, punishable by up to five years in prison. There is also a minimum mandatory sentence of six months in prison for this offense.
- Assault and battery of a teacher: Virginia law highlights the specific protection that teachers have. Anyone who commits assault and battery of a teacher or another education official could face a sentence between the mandatory minimum of 15 days and the maximum of one year in jail. The defendant may also face up to $2,500 in fines.
- Assault and battery of a health care worker: As in the case of teachers, health care workers also have specific protections under the law. A person convicted of assault and battery against a health care worker could face a minimum of 15 days to one year in jail. This law applies to health care workers operating in their official capacity at the time the incident occurs.
- Assault and battery of a family member: This offense is commonly referred to as domestic assault and battery or domestic violence. In many ways, this charge is handled similarly to other assault and battery cases, though additional punishments could also apply. It is differentiated from other assault charges in that first-time offenders may have the opportunity to enter into a first-offender program to eventually have the charges dismissed.
If you or somebody you love is facing assault and battery charges in or around Southampton, Emporia, Brunswick or Suffolk, contact our defense team right away.
Contact An Attorney Today For A Free Initial Consultation
At Randall & Bruch, PC, we can help you in numerous ways if you are facing assault and battery charges.
If you decide to work with us in a criminal case, we will conduct a complete investigation into the charges against you so that we can formulate a solid defense on your behalf. We will work with prosecutors in an effort to get the charges reduced or dismissed so that you can get back to living your life.