ASSAULT AND BATTERY
Assault & 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.
Simple Assault is a Class 1 Misdemeanor, and a person convicted of simple assault can receive the following consequences:
These charges can have a serious affect on a life; therefore, representation by a criminal defense attorney is always recommended.
- Up to twelve (12) months in jail; AND/OR
- Up to a $2,500 fine.
VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-57/
If you or a loved one need assault and battery defense, you can trust in the attorneys of Goff Voltin to fight for you.Read Our Criminal Defense Attorney Testimonials
Anyone could find themselves facing criminal charges. In fact, a criminal charge can have lasting effects on the lives of those with such charges on their records. However, in order to effectively handle a serious legal situation, individuals often need to understand what they are facing. If you have a criminal law charges in Newport News, Hampton, Williamsburg, Yorktown or the rest of the Hampton Roads area, call the criminal defense attorneys at Goff Voltin, PLLC today.