Virginia Assault & Battery Defense Attorney
Facing an assault or battery charge in Virginia? Mattox Law provides skilled legal representation to fight your case, protect your record, and minimize penalties. Call today for a free consultation.
What is Assault & Battery in Virginia?
Under Virginia law (§ 18.2-57), assault and battery are considered separate but related offenses:
- Assault – The threat or attempt to cause physical harm to another person, even if no actual contact occurs.
- Battery – Unwanted or offensive physical contact with another person, regardless of whether it caused injury.
These charges can arise from altercations, misunderstandings, or self-defense situations. Even minor incidents can lead to criminal charges with long-term consequences.
Penalties for Assault & Battery in Virginia
The penalties for an assault & battery conviction depend on the circumstances:
- Simple Assault & Battery (Misdemeanor)
- Up to 12 months in jail
- Fines up to $2,500
- Permanent criminal record
- Assault & Battery on a Protected Class (Felony)
- Assaulting a police officer, teacher, judge, or healthcare worker increases penalties.
- Mandatory minimum jail sentences may apply.
- Domestic Assault & Battery
- Often charged in family or household disputes.
- Can lead to protective orders and firearm restrictions.
- Aggravated Assault (Felony)
- If serious injury occurs or a weapon is involved, the charge may be elevated to a Class 6 felony.
- Felony penalties include 1 to 5 years in prison.
A conviction can also result in job loss, security clearance revocation, and difficulty obtaining housing or professional licenses.
How Mattox Law Defends Assault & Battery Charges
What if I was acting in self-defense?
Virginia law allows individuals to use reasonable force to protect themselves from harm. If you were not the aggressor and had a genuine belief you were in danger, we can argue self-defense to have the charges dismissed.
Can I be charged even if I didn’t touch the other person?
Yes, assault does not require physical contact—only the threat or intent to harm. If no credible threat was made, we can challenge the prosecution’s case on lack of evidence.
What if the alleged victim wants to drop the charges?
In Virginia, prosecutors—not victims—decide whether to proceed with charges. However, if the alleged victim is unwilling to cooperate, we can use this to weaken the case against you.
How can I get my assault charge reduced or dismissed?
We use several strategies, including:
- Challenging witness credibility – If the alleged victim has inconsistent statements, this may create reasonable doubt.
- Proving lack of intent – If the incident was an accident or misunderstanding, we may argue no criminal intent was present.
- Negotiating a plea deal – In some cases, we can reduce felony charges to a misdemeanor or disorderly conduct to avoid harsher penalties.
Will an assault conviction affect my record permanently?
Yes, an assault conviction stays on your criminal record indefinitely. However, dismissed or reduced charges may be eligible for expungement, preventing employers and landlords from seeing the case.
The sooner you act, the better your chances of a favorable outcome. Contact Mattox Law immediately to discuss your defense.
