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Assault & Battery

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Virginia Beach Assault & Battery Attorney

Defense Against Assault & Battery Charges in Virginia

In the minds of many people, an assault conviction on your record puts you in the unfair category of a “violent criminal.” 

People often file assault charges out of fear, anger, and even revenge. Perceived threats and accidental contact can be elevated to assault or charges, especially when the alleged victim has an agenda.

Even a fifth-degree battery conviction, the lowest in the state, sends the message that you are dangerous and have a violent temper. If you have been arrested for assault and/or battery, you need to fight aggressively to prevent blemishes on your record.

Schedule your consultation by calling our Virginia Beach assault and battery lawyer at (757) 267-4949 today!

Difference Between Assault & Battery in VA

Assault and battery are two separate crimes. 

Assault Charges

Assault is the fear of imminent personal harm, often through threats, entering someone’s personal space, looming over them, and so on. Non-violent contact can also constitute assault. Spitting on someone or throwing something at a person, for instance, could result in an assault charge. 

Battery Charges

Battery occurs when a person causes actual, physical harm. This involves kicking, punching, scratching, striking with an object, and so forth.

Assault and Battery Charges

When a person threatens someone with harm and then follows through with that threat, causing actual, physical harm, the crime is labeled "assault and battery."

Assault and Battery Penalties in Virginia

Although the crimes are technically separate charges, the state uses the same penalties for each.

Standard Assault or Battery

  • Class 1 misdemeanor
  • Fines of up to $2,500
  • Potential jail time of up to 1 year

Aggravated Assault or Battery

If someone commits assault with a weapon, even if they didn’t touch the alleged victim, the charge is elevated, or “aggravated.” The same is true for battery allegations.

  • Class 6 felony
  • Fines of up to $2,500
  • Potential prison time between 1 and 5 years

Penalties become even steeper if the alleged victim suffered serious bodily harm.

Assault Against Government Personnel

When someone is accused of assaulting a law enforcement officer (LEO) or other government worker, penalties are different. 

Such workers include:

  • Judges
  • Prison staff
  • Firefighters
  • Police officers
  • Emergency healthcare workers

The alleged offender may face the same penalties of an aggravated assault: Class 6 felony, prison up to 5 years, and fines of up to $2,500. 

If the assault results in serious bodily injury or involves use of a deadly weapon, the offender may face even more severe penalties, including:

  • Class 2 felony
  • Fine of up to $100,000
  • Potential prison time up to 20 years

Assault Against a Teacher

Teachers also enjoy special protections under Virginia law.

Assaulting a teacher can result in:

  • Class 1 misdemeanor
  • Mandatory 2 – 15 days in jail

As with all assault charges, alleged used of a weapon elevates the crime. This can lead to a mandatory 6 months in jail.

Hate Crimes in Virginia

People make all manner of assumptions when they believe they have been victimized. People disagree; tempers flare; and someone is assaulted. In the fog of emotions and adrenaline, an alleged victim may believe they were the target of bigotry.

When the state believes that an assault or battery resulted from a bias against race, gender, or sexual orientation, it can elevate this simple scuffle to a hate crime.

Virginia penalties a “hate crime” assault or battery as a Class 6 felony with a minimum of 6 months in jail.

How We Can Help You

The Law Offices of Daniel J. Miller is a prominent law firm, providing criminal defense for the residents of Hampton and surrounding communities throughout Virginia Beach. Let us stand by your side and guide you through the complex legal system.

Reasons To Choose Our Firm:

  • We accept all credit cards.
  • We offer military discounts.
  • We have 25 years of experience.
  • We offer initial case consultations.
  • We genuinely care about your success!
  • We provide knowledgeable legal advice.
  • We give personalized attention to each of our clients.
  • We’re reputable and backed by a proven track record.

Our Virginia Beach assault attorney can look beneath the surface of your charges and find the motivation behind the accusations. We do everything we can to prevent a felony charge and work hard to help you get the best possible outcome, including alternatives to jail time.

Set up a free consultation with our team today. You can easily contact us online or call us now at (757) 267-4949.

How to Proceed

Don't wait until the police have filed charges. Investigating assault charges often depends on evidence at the scene and talking to eyewitnesses. Evidence in your favor gets stale and time is often important. If you are being questioned about a bar fight, domestic violence or other physical attack, talk to our experienced lawyer immediately.

Call us today to arrange an initial consultation about your assault charges. We represent clients charged with misdemeanors and felony assault charges in federal and state courts throughout southeastern Virginia.

Our assault & battery attorneys have 25 combined years of trial exp. with violent crimes, including:

Contact The Law Offices of Daniel J. Miller Today

Contact us immediately to start protecting your rights as soon as you have been charged or think you are under investigation for assault or other violent crime. We provide criminal defense to clients in Virginia Beach and all of Hampton Roads.


Start by contacting us online or calling (757) 267-4949 to speak with our Virginia Beach assault and battery lawyer.


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