Assault & Battery

Virginia Assault & Battery Lawyers

At Leavitt & Martin, we specialize in Assault & Battery Cases. We provide individualized attention to each case, and our case results are often better.

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Representation for Assault & Battery Cases

In 2015 there were 88,153 incidents of Assault reported in the Commonwealth of Virginia.

ASSAULT AND BATTERY DEFINED:
Assault: An attempt or threat of bodily harm with or without a weapon.

Battery: Battery can be simply defined as unwanted (offensive or harmful) contact.

THERE ARE 3 TYPES OF ASSAULT AND BATTERY CASES IN VIRGINIA:

Aggravated Assault: An unlawful attack from one person to another where a weapon is displayed or used in a threatening manner. Aggravated assault is also defined by an unlawful attack which results in injury such as: loss of consciousness, broken/fractured bone(s), cuts, etc.

Simple Assault: This type of assault also involves an unlawful attack; however, simple assaults do not involve weapons or bodily injury.

Intimidation: To cause someone to be in fear of bodily harm by use of threatening vocabulary or conduct. Intimidation cases do not involve the display of a weapons, an attack, or stalking.

AGGRAVATED ASSAULT:

Of over 88,000 cases of Assault reported, only 9,318 were in the category of aggravated assault.

Due to its status as a Class 2 Felony, an Aggravated Malicious Wounding charge can carry anywhere from 20 years to life in prison. Fortunately, not all Aggravated Assault charges are considered Malicious Wounding. For example, if a firearm is displayed during an unlawful attack, it is considered an aggravated assault, but not necessarily Malicious Wounding.

SIMPLE ASSAULT:

In 2015, there were 32,900 arrests for Simple Assault in the Commonwealth of Virginia, of which 1756 occurred in Chesterfield County.

Simple Assault and Battery is written in the Code of Virginia under section 18.2-57 which states:

§ 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

A class 1 misdemeanor is punishable by up to 1 year in jail and/or a $2500 fine. If convicted, it shows up on your criminal record which can have employment consequences.

This type of assault is by far the most common. The reason for their abundance is a result of what little it takes for an act to be considered “assault and battery.” For example, a simple pinch can be considered assault and battery if it is “unwanted.” In fact, you can even be charged with assault if you did not even touch someone. Typically when I come across simple assault and battery cases, it is the result of a criminal complaint i.e. a victim filing a criminal charge against the defendant.

Recently, I represented a client charged with Simple Assault and Battery (18.2-57) in Virginia. He was accused of grabbing someone accompanied by a verbal threat. At the conclusion of trial, I was able to get the charge completely dismissed without jail time. (See image below for case result from the Virginia Court Website)


Domestic Assault and Battery:

Another trend with simple assault and battery cases I often see is “Domestic Assault and Battery” i.e. Assault and Battery against a family member or household member. These charges are covered under Code of Virginia > 18.2-57.2:

§ 18.2-57.2. Assault and battery against a family or household member; penalty.
A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.

Furthermore, if it is a third offense (if convicted of domestic assault and battery twice before), then the defendant is facing a Class 6 felony charge.

I understand bother the severity and the complexity of Assault and Battery cases and have been very successful at getting these charges dismissed. (See additional case result below)

Assault and Battery charge Dismissed

Several things must be proven for a defendant to be convicted of Assault and Battery. It is my duty to set up a solid defense in order to prove my clients’ innocence.

CONTACT A VIRGINIA ASSAULT AND BATTERY LAWYER

If you have been charged with Assault and Battery in Virginia, contact me as soon as possible to discuss your charge, I can provide you with honest answers and guide you on your path ahead.

I offer a free initial consultation and charge a reasonable fee for representation. Contact me today on my personal cell phone at (804) 312-3437, or on my online form for more information.

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Recent Articles

Simple Assault Charges and Punishment in Virginia

By Daniel Leavitt • 25 Aug, 2017
Assault and Battery in Virginia There is a lot of confusion about what is assault and battery in Virginia. There are many different ways to assault someone. When we talk about assault and battery in Virginia there are two different offenses. Assault is the fear you put someone in of a battery and the battery[...] The post Simple Assault Charges and Punishment in Virginia appeared first on Leavitt & Martin.

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