Assault and Battery

Assault and Battery

In Virginia, the crimes of assault, physically threatening to hurt someone, and battery, causing injury or unwanted physical contact, are often charged as misdemeanor offenses but can result in felony charges depending on the circumstances. Battery is the actual infliction of injury on another. For example, kicking or punching someone is a battery.

Types of Assault

First, a person commits the crime of assault by performing an overt (physical) act intended to inflict bodily harm on the victim while having the present ability to inflict harm or injury.

Mere words cannot constitute an overt act. For example, if the defendant yelled from across the street that the victim was going to get hurt, that would not be considered assault. However, if the defendant walked toward the victim’s car while screaming that the victim was going to get hurt, and had the ability to actually hurt the victim, then that would probably constitute assault.


Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.

Confinement in jail for not more than twelve months and a fine of not more than $ 2,500, either or both.

For Additional Info

Penalties for Assault and Battery

Battery on Law Enforcement
School Employees
Medical Personnel

Domestic Violence