Virginia Domestic Assault & Battery Laws

March 6, 2020
woman getting battered

In the state of Virginia, assault and battery are two separate acts with distinct definitions but they are punished under the same statutes. When these crimes occur between family or household members, the consequences include criminal charges. Offenders and victims both have rights in these situations. A criminal lawyer Fairfax VA at Rudolphi Law can advocate for individuals faced with these situations.

Understanding Assault and Battery
The precise charges that criminal actions receive have vast consequences on their treatment by law enforcement and courts. The nuances can be slight, however they are significant to prosecution and defense strategies.

  • Assault relates to the attempt to batter or menace and threaten a victim into fear of harm.
  • Battery is harm including physical offense and contact.
  • Basic battery charges are categorized broadly as Assault and Battery.

Charges of “Simple” Assault and Battery are Class 1 Misdemeanors and carry a penalty of up to 12 months and/or fines of up to $2,500.

Understanding Domestic Assault & Battery
Generally, Domestic Assault & Battery is punishable the same as “Simple” Assault & Battery. However, if a person was previously convicted twice of any combination of Assault & Battery type crimes against a family or household member, then a charge of a third offense within 20 years would be a Class 6 Felony punishable by up to 5 years in prison.

First Offender Treatment
In cases of first-time offenses for Domestic Assault & Battery, Virginia law offers a possibility of a deferred finding. This is a program offered by the Court where the defendant pleads to the charge and agrees for it to be continued for a period of time for them to be placed on probation and fulfill conditions set by the Court. If all conditions are met at the conclusion of the probationary period, then the charge is dismissed. However, like all deferred findings in Virginia, the arrest would not be eligible for expungement under current Virginia law.

Hiring an experienced criminal lawyer Fairfax VA from Rudolphi Law is critical if you are charged with a Domestic Assault & Battery crime. We are eager to help you understand your charges and options. An aggressive attorney also protects your rights to fair treatment and trial.

Visit Fairfax VA attorneys of Rudolphi Law for advocacy in domestic assault and battery cases at