Ҥ 18.2-57. Assault and battery.
A. Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor.”
The law sounds straightforward, but keep in mind, there are many things that the prosecution has to prove in order for an Assault and Battery conviction. In many cases of Assault and Battery, there are no witnesses to the event in which case it is a “he said, she said” matter; this is of course dependent on whether or not evidence such as bruises, cuts, etc. comes into trial.
In this particular case, I was able to get the Assault charge dismissed after successfully arguing that my client is not guilty beyond a reasonable doubt. By doing so, she avoided the misdemeanor on her criminal record as well as possible jail time. If you have been charged with Assault and Battery in Virginia, contact me as soon as possible to discuss your case.
