A Virginia court seal, usually seen in a criminal defense case in Newport News and Hampton.

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.

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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.