Written by attorney Brenton Daniel Vincenzes

Penalties and Consequences: Assault and Battery

Simple Assault and Assault and Battery

A simple assault or an assault and battery charge under Virginia Code § 18.2-57 is considered, at minimum, a Class 1 misdemeanor offense. Check your summons (yellow sheet of paper) describing your charge. The police officer should have indicated the Virginia Code number on the summons. If charged under 18.2-57, and if your violation is not a felony, then as a Class 1 misdemeanor, the judge is authorized to sentence a convicted person to a maximum of:

  • one year in jail; and/or
  • a $2,500 fine.

However, in the case where the victim is alleged to have been purposefully selected based on race, religion, skin color, or nation of origin, then there is a mandatory jail sentence for:

  • 30 days (active); and
  • six months or more (suspended).

Keep in mind, the judge can still sentence a person to a much longer time than 30 days active or six months suspended.

A future Assault and Battery Avvo Guide will discuss additional applicable penalties in specific situations (including "assault on an officer," and more).

Additional resources provided by the author

Virginia Code § 18.2-57

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