Assault and Battery Defense Lawyers for Fairfax, Woodbridge, Manassas, Stafford and Fredericksburg, Virginia

The criminal defense attorneys at Livesay & Myers represent clients in Northern Virginia and Fredericksburg charged with assault and battery and related offenses.

Virginia law defines assault as separate from battery. An assault is the apprehension of a harmful or offensive contact, while a battery is the actual harmful or offensive contact. Thus, even if you did not actually make contact with the individual, you could still be found guilty of assault; but if you actually did make contact, you could be found guilty of assault and battery.

Under Virginia Code §18.2-57, simple assault and battery in Virginia is a class 1 misdemeanor. However, the penalty is enhanced with mandatory jail time if certain factors are present. For example:

• if the defendant “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;"

• if the accused commits a battery “against another knowing or having reason to know that such other person is a full-time or part-time teacher, principal, assistant principal, or guidance counselor of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he shall be guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement;” and
• in cases of a knowing assault or assault and battery of a judge, law enforcement officer, corrections officer, firefighter or other emergency personnel while engaged in the performance of their public duties, the punishment rises to a Class 6 felony, with a mandatory minimum term of confinement of six months.

Possible Defenses

Possible defenses to a charge of assault and battery will vary with each case. In some cases, the defendant can claim self-defense, as Virginia law allows an individual the right to defend himself or herself against another person's aggression. However, in those cases, your response to the attack must be commensurate with the level of aggression you are facing. For example, if someone attacks you with their fists, you can respond in kind to defend yourself--- but you may not pull out a gun and shoot the attacker. In other cases, the defendant can argue that he/she did not intend to make contact with the other person. For example, if you are standing in a crowd and are shoved into another person, you did not intend to make contact with the other person, and so did not truly commit an assault and battery.

Accord and Satisfaction

Virginia Code §19.2-151 allows for the dismissal of an assault and battery charge when there has been an "accord and satisfaction." This typically involves the injured party appearing in court and acknowledging in writing that he or she has received satisfaction, usually in the form of monetary compensation, for any injury sustained. If satisfied with the agreement between the victim and the defendant, the Court may enter an order superseding any commitment, discharging any recognizance, or dismissing the prosecution altogether. This provision does not apply to assaults against household members or against law enforcement officers.