What to Do If I'm Charged with Assault and Battery in Virginia

You may have heard these terms before, but don't have a clear understanding of what they mean exactly and how being charged with this crime can impact your future.

What is Assault and Battery?

In the commonwealth of Virginia, assault and battery are considered to be two different crimes.

  • Assault is an attempt to cause someone harm or an action that puts someone in fear of harm, and it's important to note that you don't have to actually hit the person to be charged with the crime. Something as simple as throwing a punch is enough to bring about the charge. Battery involves the actual touching of the alleged victim.  However, such a touch does not necessarily have to result in an injury for the touching to be considered battery. 

  • Generally speaking, Battery is a harmful or offensive touching that occurs without the consent of the individual being touched. Assault and battery in Virginia is considered a class 1 misdemeanor crime and, if charged with it, you face a maximum penalty of 12 months in a jail and a fine of $2,500. A lot of other factors, such as your relationship with the victim, can also be considered when these types of charges surface. Like all other crimes, if convicted, this is something that will remain on your criminal record and will show up during background checks for things like employment.

What to Do If You're Charged

When faced with the charges of assault and battery, your best course of action is to turn to a criminal defense lawyer who can look at the circumstances surrounding your case closely and help craft a defense that will effectively fight those charges.

With the help of a skilled criminal defense attorney, you will be able to gain a full understanding of the charges brought against you and how your life will be impacted. Virginia's legal system is complex, especially when it comes to dealing with a crime like assault and battery, so make you have the kind of legal help that will give you the best chance possible at keeping your freedom.

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