This also means that gross negligence or even recklessness may provide the required intent or (in criminal matters) mens rea to find a battery. Theft Maryland | Other Offenses. Simple Assault: Punishable by up to 1-year incarceration and/or up to $2,500 in fines. Virginia groups both assault and battery into a single common statute. The Virginia prosecutor is required to prove, beyond a reasonable doubt, each and every element of the charge of assault or battery. To convict you of simple assault, the prosecutor must prove several elements beyond a reasonable doubt. Domestic assault is a Class 1 misdemeanor that is punishable by up to one year in jail and a fine of $2500. You may receive five to thirty years in prison with a mandatory two years for malicious injury to such personnel. You can be charged with domestic violence in addition to assault and battery, which effectively doubles prison time and fines. To prove malicious wounding, the prosecutor must prove that you acted with malice. C. Prev Previous FAQs About Divorce in Virginia Fairfax Attorney. Courts scrutinize consent closely and any harmful actions will still be punished under applicable laws since they violate public policy. The most common type of assault & battery offense is often considered as a simple assault. Call our criminal lawyer for a free consultation today. There are enhanced penalties for assault and battery against some specific groups of people. If you used a firearm, you could face additional charges of committing a felony using a firearm, which attracts a three-year minimum prison term. If you are looking for other attorneys outside of Virginia here are some I recommend. Assault is an intentional, offensive, or harmful act that may cause reasonable anxiety or … Expungement/Sealing Under Virginia Code § 18.2-57, assault and battery have distinct legal notions with definite elements. The crimes of assault, assault and battery, and aggravated assault all involve intentional harm inflicted on one person by another. First, the prosecutor must prove that you intentionally acted to create fear or danger. You may also be charged with assault if you intentionally act in a manner that places another person in reasonable fear of harm. For example, kicking someone in the chest and breaking the person’s ribs is battery. The assault is generally an attempt to harm someone else which also includes threats against other people. Additionally, if you intend to frighten or scare another person, this intent can be used as evidence against you. What percentage of your practice is the area of criminal law? Assault is punishable by up to six months in jail or a fine up to $100, or both. In Virginia, assault and battery refers to several different types of crimes, and if you or someone you know has been charged with an assault and battery or a related offense, a basic understanding of the law is extremely helpful. We have the expertise to navigate the legal system and help you receive a better result on your Assault and Battery case. Website platform and DBA name is registered to attorney Sheryl Shane. The prosecutor must also prove that the victim reasonably believed that your actions would cause them harm. Va. Code Ann. If the contact is offensive from an ordinary person’s perspective, then it constitutes battery. Assault and battery against a family or household member is a class 1 misdemeanor crime punishable by up to one year in jail under Va Law 18.2-57.2. Malice is deliberately and purposefully committing a cruel act with little or no provocation. Generally, the severity of the punishment is proportional to the significance of the injury. For legal advice, please call Virginia Criminal Attorney 703-718-5533 Registered DBA: Virginia Criminal Attorney. While both are generally categorized as Class 1 misdemeanors, punishable by up to 12 months in jail and a fine of up to $2,500, the main difference between simple assault and assault and battery has to do with physical contact. 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