Prince William County Assault and Battery Lawyer

Types of Assault and Battery Charges in VA

There are many forms of assault and battery offenses in Virginia, each with its own set of legal implications and penalties. The most common battery and assault charges are listed below. 

Simple Assault and Battery

As previously mentioned, simple assault and battery are defined under Virginia Code Section § 18.2-57. Simple assault refers to an attempt or threat of harm that creates a reasonable fear of injury in another person without the necessity of physical contact. Battery involves actual physical contact, where force is applied intentionally and without the consent of the victim, regardless of whether it causes injury. 

Domestic Assault and Battery

Domestic assault and battery in Virginia, as outlined in Virginia Code §18.2-57.2, is a significant offense involving violence, force, or threat leading to physical harm or fear of harm among family or household members. This category includes spouses, ex-spouses, cohabitants, and those with a shared child. 

A domestic violence offense is usually charged as a misdemeanor but can increase to a felony for repeat offenses or severe injuries. If you’re facing domestic assault charges, contact the Prince William County domestic violence attorneys to learn more about your legal options. 

Aggravated Assault/Unlawful Wounding/Malicious Wounding

Aggravated assault charges go by different names under Virginia law including Unlawful Wounding, Malicious Wounding, and Aggravated Malicious Wounding. All three different charges involve an assault that results in serious bodily injury. The difference between the offenses is level of intent: if the assault was committed with the intent to maim, disfigure, disable, or kill, the defendant can be charged with Malicious Wounding or Aggravated Malicious Wounding. 

Unlike simple assault, which is a misdemeanor, Unlawful Wounding, Malicious Wounding, and Aggravated Malicious Wounding in Virginia are all treated as felonies. This distinction is often due to the use of a weapon, the degree of injury caused, or the specific status of the victim (such as a law enforcement officer). The punishment for an aggravated assault conviction is considerably harsher than for simple assault, including the possibility of lengthy prison sentences and substantial fines. 

Malicious Wounding

Malicious wounding is a grave criminal offense defined under Virginia Code §18.2-51. This criminal charge occurs when an individual intentionally causes bodily harm to another with the intent to maim, disfigure, disable, or kill. The term “malicious” indicates that the act is done with malice or ill will, distinguishing it from unintentional or accidental harm. If the injuries are more severe and cause permanent or significant physical impairment, the offense is considered aggravated malicious wounding, which results in even harsher penalties. 

Unlawful Wounding

Unlawful wounding is referenced at the end of Virginia Code Section §18.2-51. The law states that if the assault is done unlawfully but without malice, it’s considered unlawful wounding instead of malicious wounding. This distinction is crucial in legal terms, as it impacts the severity of the charges and potential penalties. This charge is often applicable in cases where there is intent to harm but not to the degree of causing grave or life-threatening injuries. 

Hate Crimes

Hate crimes in Virginia are addressed under Virginia Code §18.2-57, which penalizes criminal acts based on race, religious conviction, color, or national origin. This law encompasses a range of offenses, including assault, battery, and trespassing, among others, that are motivated by bias or prejudice against a particular group. 

Assaulting a Law Enforcement Officer or Other Protected Person

Assaulting a law enforcement officer or other protected persons in Virginia can result in serious criminal assault charges due to the protected status of the victims. Under Virginia Code §18.2-57(C), this offense includes assaulting not only police officers but also firefighters, emergency medical personnel, correction officers, judges, teachers, health care workers, and other specified public safety workers.