Assault

• Simple Assault: This is the most common type of assault, often arising from physical altercations. It is generally classified as a misdemeanor, with penalties including jail time, fines, and potential probation.
• Assault and Battery: This involves intentional unwanted physical contact that causes harm or offensive touching. Penalties can be more severe than simple assault, depending on the extent of the injuries inflicted.
• Felony Assault: This involves causing serious bodily injury to another person. It is a felony offense, carrying significantly harsher penalties, including substantial prison sentences and fines. One common example of a felony assault is “malicious wounding.”
• Assault with a Deadly Weapon: This involves using a dangerous weapon to inflict harm or threaten another person. It is a felony offense with severe penalties, including lengthy prison terms.

The penalties for assault crimes in Virginia vary depending on the specific offense, the circumstances surrounding the incident, and the defendant’s criminal history.

Here are some examples of potential penalties:

• Simple Assault: Up to 12 months in jail and/or a fine of up to $2,500.
• Assault and Battery: Up to 5 years in prison and/or a fine of up to $2,500.
• Felony Assault, including Malicious Wounding: 1 to 20 years in prison and/or a fine of up to $100,000.
• Assault with a Deadly Weapon: 1 to 20 years in prison.

One possible diversion method In Virginia assault cases is known as “accord and satisfaction,” where the victim of a misdemeanor crime acknowledges in writing that they’ve received satisfaction (usually monetary compensation) for the injury caused by the defendant. This can lead to the court, at its discretion to dismiss the assault or assault and battery charges.

It does not apply if:

• The offense was committed by or upon a law enforcement officer.
• The offense was committed riotously.
• The offense was committed against a family or household member.
• The offense was committed with the intent to commit a felony.

It is at the court’s discretion

Even if accord and satisfaction is applicable, the court is not obligated to dismiss the charges. They will consider factors like the severity of the offense, the defendant’s criminal history, and any public safety concerns.

Several defenses can be raised against assault charges in Virginia, depending on the specific circumstances of the case.

Some common defenses include:

• Self-Defense: If you reasonably believed that you were in imminent danger of harm and used force to protect yourself, your lawyer may be able to argue self-defense.
• Defense of Others: Like self-defense, your Virginia ASSAULT lawyer may argue that you used force to protect another person from harm.
• Consent: If the alleged victim consented to the physical contact, it may not be considered assault.
• Lack of Intent: If you did not intend to cause harm or offensive contact, it may negate the element of intent required for an assault conviction.