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Virginia Assault & Battery Law

Under Virginia law there are varying forms of crime of assault and battery. The most usual form of assault and battery involves striking someone with a fist or open hand. Unless some unforeseen injury results, the accused is generally charged with simple assault. Conviction of simple assault will likely result in a penalty of less than a year in jail, and a fine. However, because it is a class I or class II misdemeanor depending on the charging statute, the defendant will have a permanent criminal record.

The usual defenses to an assault charge are self-defense and coming to the aid of another. These are known as justification defenses. In other words, the accused's actions though while illegal in most circumstances are justified in law by the particular circumstances existing at the time.

In selecting an attorney to defend you or someone you care about who is facing assault and battery charges it is wise to seek out a lawyer who has experience in defending similar cases. There are defenses an experienced attorney may discover that an attorney without much courtroom experience may overlook or not develop fully.

If you or a loved one charged with assault and battery desires further information feel free to contact me to schedule a free consultation about the case.

Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.

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