Assault & Battery

Assault, Battery and Assault & Battery are very serious legal issues, which can be charged as either a misdemeanor or a felony, depending on the circumstances.

  • Bush-and-TaylorAssault occurs when one person has threatened another with physical violence, whether or not they have the means to follow through, as long as the threatened party believes the threat to be credible and imminent. Intending to harm the other person, putting them in harm’s way, or frightening them with the perceived immediate threat of violence can all be ruled Assault.
  • Battery occurs when one person has physically touched the other in a rude, offensive or insulting manner, including setting in motion harmful actions (dogs, spitting, etc).
  • Assault & Battery can include a variety of behaviors. Physical attacks such as slapping and kicking, petty acts such as poking or bumping and throwing objects at the victim are all examples of Assault & Battery.

Each constitutes a substantial charge, and rulings may vary depending upon the situation:

  • Severity of the injury incurred
  • Provocation (Verbal, etc.)
  • Hate Crimes – If the reason for the attack was due to the victims race, religion, color or national origin, the sentence includes a minimum of 30 days in jail.
  • Domestic Violence – If the accused has prior convictions against a household resident, and both parties reside together then the sentence will be for a Class 6 Felony.
  • Protected Employees – Judges, Law Enforcement, Correctional Employees, Firefighters & Emergency Personnel will result in a minimum sentence of 6 months in jail.
  • Prisoners, Probationers & Parolees – If the victim is a Correctional Employee, Supervisor or Volunteer working with prisoners, Visitor, Probation or Parole Officer who was attacked while performing their duties, the charge is for a Class 5 Felony (1 – 10 years in prison OR 1 year in jail & a fine of $2,500).

If you or a someone you know is involved in an Assault, Battery or Assault & Battery case, please call the experienced attorneys at Bush & Taylor Law Firm in Virginia Beach, Suffolk & the Eastern Shore of Virginia. Don’t try to fight this battle alone; get a professional on your side. Contact us today to start building your case now.