Assault and Battery

Individuals facing charges under the Virginia assault and battery laws might be confused about the terminology. In many states, punching someone is assault, while in the commonwealth, it’s considered battery.​ The Hampton Roads attorneys at The Law Offices of John W. Lee, P.C., aim to ensure people comprehend the laws. They also emphasize the profound consequences of assault, battery, and related offenses if individuals face charges and convictions.

What Is Assault in Newport News or Elsewhere in the Commonwealth?

Running up to someone while shouting and waving a fist at them is an example of assault in Virginia. Assault can be the result of a physical act intended to cause the victim physical harm. The act of waving a fist in someone’s face could be perceived by victims as intending to punch them.

Assault can also involve threats causing fear of harm on the part of a victim. For example, shouting threats while holding a perceived weapon can constitute assault if it induces fear of injury. The key element in an assault prosecution is the lack of actual physical contact and the fear of harm.

Threats by Phone and Other Electronic Methods

Before hitting the “send” button, individuals in Hampton Roads, Hampton, Newport News, or Chesapeake should reconsider if they’re sending threats in writing or by phone. Sending threats via email or other means could violate the Virginia Code. Threats to kill or harm another person constitute felonies, with fines and prison sentences of up to five years. If the threats, whether in writing or electronically, mention occurring at a school, the prison sentence can extend to 10 years.

As a general rule, threats by phone or email must explicitly intend physical harm and reasonably lead the recipient to believe violence will ensue. To avoid charges of making threats, individuals should exercise caution with their language when communicating with others.

What Is Battery, and How Does It Differ from an Assault?

Battery in Chesapeake and other Virginia communities involves physical contact without the victim’s consent. The following acts constitute the crime of battery:

• Kicking
• Punching
• Pushing
• Pinching
• Spitting

Battery involves physical contact, distinct from the threat of harm seen in assault cases. Moreover, it can involve various objects, not limited to guns or knives. For example, intentionally allowing a dog to attack could lead to a battery charge against the owner. Conversely, threatening a dog attack constitutes assault.

Furthermore, determining battery or assault isn’t always straightforward, with intent being crucial. Additionally, accidental contact, like bumping into someone, isn’t likely assault or battery if unintended. However, in heated arguments, such actions may be perceived as intentional by law enforcement.

Defense to Virginia Assault and Battery

Disputes or altercations frequently lead to assault and battery incidents. Individuals facing immediate bodily harm can defend themselves with reasonable force. However, once the threat diminishes, self-defense cannot excuse retaliation. For example, if someone points a gun during an argument, defending against the threat is justifiable. However, if the attacker disarms and the other person shoots, it could be perceived as retaliatory battery, rather than self-defense.

Domestic Assault and Battery

When assault and battery are committed against individuals who are classified as members of the offender’s family, the crime is prosecuted under the commonwealth’s domestic assault and battery statute. Family members include the following:

• Spouses and former spouses
• Children
• In-laws living in the same household as the offender
• Unmarried individuals cohabiting in a romantic relationship
• Individuals who have been in a romantic relationship within the prior 12 months
• Unmarried individuals who have children together

Cases involving domestic assault and battery in Hampton, Virginia Beach, and elsewhere throughout the commonwealth are heard in Juvenile and Domestic Relations (JDR) Courts. Additionally, these courts are authorized to issue emergency protective orders when appropriate, aiming to prevent further harm to victims while cases are pending.

The criminal defense attorneys at The Law Offices of John W. Lee, P.C., have a track record of success in cases of domestic assault and battery. Particularly, they have been effective in obtaining deferred disposition for individuals facing such charges for the first time. Under a deferred disposition, the individual is placed on probation for up to two years. If the person fulfills the terms and conditions of probation, the charges are dismissed.

Parents concerned about facing domestic assault charges for disciplining their children should understand that spanking could lead to assault charges based on the situation. Virginia court rulings on parents charged with spanking consider factors like the child’s age, size, and behavior to determine if the parent acted with appropriate moderation. If charged with domestic assault and battery related to disciplining a child, it’s crucial for the parent to seek legal assistance promptly.

Penalties for Virginia Assault and Battery

As a general rule, simple assault and battery and simple assault are misdemeanors punishable by fines up to $2,500 and up to 12 months in jail. However, under the Virginia hate crimes statute, they escalate in severity if the victim is targeted because of characteristics such as race, religion, or national origin. In such cases, if Assault and Battery is classified as a hate crime, enhanced punishments may apply.

Moreover, assault and battery laws specifically target individuals who attack police and law enforcement officers. Assaulting a police officer is a felony, carrying a mandatory jail term of at least six months. Nevertheless, a court has the discretion to sentence the offender for up to five years.

Hampton Roads Criminal Defense Attorneys

Facing charges of Assault and Battery or a similar crime may lead to incarceration, loss of specific rights, or job termination. Committing such serious violations of the law, like the Virginia assault on police officer statute, could result in imprisonment.

We maintain four convenient Hampton Roads locations in Virginia Beach, Hampton, Chesapeake, and Newport News, serving the surrounding cities of Norfolk, Portsmouth, Suffolk, Smithfield, Poquoson, and Williamsburg, as well as York, James City, and Gloucester counties.

The Hampton Roads attorneys at The Law Offices of John W. Lee, P.C., collectively possess over 70 years of legal experience. To learn more about our services, call (757) 896-0868 to arrange a free and confidential initial consultation.