ASSAULT AND BATTERY

ASSAULT AND BATTERY DEFENSE

Assault and Battery in Virginia derive from common law. Furthermore, while there is not a statute which sets forth the elements of an assault or battery, there is case law which provides a clear definition.

• Assault – is “an attempt or offer, with force and violence, to do some bodily hurt to another” Parish v. Commonwealth, 56 Va. App. 324 (Va. App., 2010).
  • Assault requires an overt act and thus words alone can never be sufficient to sustain a conviction.
•  Battery – is the “willful or unlawful touching of another” Parish v. Commonwealth, 56 Va. App. 324 (Va. App., 2010).
  • The victim does not necessarily need to be physically injured. A harmful or offensive touching will also constitute a battery.

Anyone could find themselves facing criminal charges. A criminal charge can have lasting effects on the lives of those with such charges on their records. In order to effectively handle a serious legal situation, individuals often need to understand what they are facing. If you have a criminal law charge in Newport News, Hampton, Williamsburg, Yorktown or the rest of the Hampton Roads area, call the criminal defense attorneys at Goff Voltin, PLLC today.

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