Assault & Battery cases can range from confrontations and domestic disputes to more serious offenses such as sexual battery or malicious wounding claims. 

The most common type is a ‘simple assault.’ 

Though ‘simple’, it is a class 1 misdemeanor in Virginia, and punishable by up to 12 months in jail. 

In Virginia, assault and battery involve two alleged actions: 

  • battery, when the defendant actually touches without consent; and 
  • assault, an overt or physical act intended to cause physical harm or place the victim in fear of bodily harm.