Facing an Assault and Battery Charge in Virginia? Know the Legal Burden of Proof.
If you or someone you love is facing assault and battery charges in Virginia, it’s crucial to understand what the Commonwealth must prove. The Commonwealth doesn’t just get to allege wrongdoing—it must meet a strict legal standard before a judge or jury can convict you.
Let’s break down the elements of the charge and how experienced criminal defense attorneys challenge them in court.
What Is Assault and Battery Under Virginia Law?
In Virginia, assault and battery is codified under Va. Code § 18.2-57. Although often used interchangeably, assault and battery are technically two separate actions:
- Assault is the attempt or threat to cause bodily harm that puts someone in reasonable fear.
- Battery is the unlawful touching or striking of another, done in a rude, angry, or vengeful manner.
In most cases, the Commonwealth charges both together as a Class 1 misdemeanor, punishable by:
- Up to 12 months in jail
- A fine of up to $2,500
- A permanent criminal record
What the Prosecution Must Prove
To secure a conviction, the Commonwealth’s Attorney must prove each element beyond a reasonable doubt:
1. Intent
The act must be intentional—not accidental or mistaken. The prosecution must show the defendant acted deliberately to:
- Threaten harm (assault)
- Or make offensive physical contact (battery)
2. Apprehension or Harm
For assault, the alleged victim must have experienced a reasonable fear of imminent harm. No actual contact is needed.
For battery, any contact is sufficient if it was offensive or unlawful. This includes pushing, slapping, or even throwing objects.
3. No Legal Justification
Self-defense, defense of others, or consent can legally justify the contact. If proven, these defenses can negate criminal liability entirely.
Commonwealth Tactics and Defense Strategies
Prosecutors often rely on:
- Testimony from the alleged victim
- Witness statements
- Police body cam or surveillance footage
- 911 call recordings
Defense attorneys may challenge:
- Inconsistencies in testimony
- Lack of credible evidence
- Motives to fabricate (e.g., custody disputes)
- Whether the defendant acted in self-defense
Aggravated Assault and Protected Classes
Some assault and battery charges carry enhanced penalties:
- On a law enforcement officer – Class 6 felony (Va. Code § 18.2-57(C))
- On a family member – Domestic assault, subject to special conditions and protective orders
- On school employees, healthcare workers, or judges – Enhanced penalties under specific statutes
Knowing whether these enhancements apply is vital when building a defense.
Why You Need Legal Representation
Even a first-time conviction for misdemeanor assault and battery can result in:
- Jail time
- Probation
- Mandatory anger management classes
- Career and housing complications due to a criminal record
That’s why it’s critical to have a local defense lawyer who knows how prosecutors operate in Hampton Roads courts and how to push back effectively.
Charged with Assault and Battery in Newport News, Hampton, or Norfolk?
The attorneys at The Phoenix Trial Firm have defended hundreds of clients in your shoes. We know the law, the judges, and the tactics the Commonwealth uses—and we’re ready to fight for your future.
Learn more about our assault defense services here
Or call us now for a consultation: (434)- 260-6881
