Assault and Battery in Virginia are considered Class I misdemeanor. It is considered as illegal touching of another person. The illegal offense of assault and battery in Virginia has the subsequent two basics. First of all the prosecution must confirm that the offender deliberately touched the other person without any explanation. Second, the prosecution must verify that the act of touching was done in offensive and insulting way. The penalty for the offender of assault and battery is 12 month behind bars and a fine of $2,500 (code 18.2-57).
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Assault does not need that an attacker have the capability to inflect a physical harm but words only cannot reason for an assault. Battery is defined as an actual inflection of bodily harm to another individual. For instance touching offensively and willingly in annoyance whether by own hands or by some resources. Spitting in an individual’s face is also an adequate unsolicited contact to support the case of assault and battery. There is an obligatory minimum sentence when the offender intentionally select the victim on the basis of race, religion, color and origin.
The laws of assault and battery misdemeanor are very tough in Virginia and is considered a very serious offense. Basis of all the assault and battery charged are almost same but their punishments varies according to certain factors.
Charges against Different Assault and Battery Cases
Assault and battery is a class I misdemeanor with a penalty of 1 year in prison. Virginia Code 18.2-57 adds a further condition to the description of simple assault and battery which improves the consequence by creating compulsory jail time for certain behavior which includes:
- If an assault is done on a selected person on the basis of race, color and religion there is a minimum jail of 30 days.
- If the assault is performed intentionally upon a law enforcement officer, correction officer, firefighter, or any other public and emergency official during their duty, the charge is Class 6 Felony with a minimum jail of 6 months.
- If an assault is performed intentionally on a teacher, counselor, principal or any other school official the minion jail is of 2 months.
Assault and battery cases are infrequently open and closed. Since an assault and battery must be deliberate, possible legal defenses can revolve around whether any harm was truly meant. If you are facing an assault and battery case it is time to contact SRIS Law Group and talk to one of our experienced lawyer who can immediately evaluate the facts of your case and help you solve it.
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