Virginia Code > Title 18.2 > Chapter 4 > Article 4 > § 18.2-57.3 Virginia Code 18.2-57.3: Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge Simple assault and battery §18.2-57 is a class 1 misdemeanor offense in Virginia unless it falls into the narrow categories discussed below. Assault and battery covers a wide range of conduct and the offenses are merged generally into one charge in Virginia. 18.2-57.3 of the Virginia Penal Code gives judges the option to defer family abuse proceedings and instead of a finding of guilt, the judge can give the offender probation and send the person to a first offender program. Battery is in West Virginia is unlawful, intentional physical contact that is insulting or provoking or results in physical harm. Regardless of a jurisdiction’s definition of assault/battery, a crime of first-degree Assault is rated as a felony. It is governed by s39 of the Criminal Justice Act 1988. 2014 Virginia Code Title 18.2 - Crimes and Offenses Generally § 18.2-57.3. However, if the victim of the assault is a police officer, a corrections officer, or other public safety representative, the charge is elevated to a Class 6 felony and carries a minimum of 6 months in jail. A battery is defined as … Virginia Criminal Attorney - Assault and Battery Virginia Criminal Attorney is a first-rate law firm Simple assault can refer to putting a victim in fear of being harmed. These charges are sometimes referred to as a simple assault, common assault, or domestic battery in Canada. Assault & Battery First, Second, or Third Degree. All offences before the courts have sentencing guidelines. Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; … Speak to her for advice and to fight for your rights. In Virginia, domestic violence and sexual crimes are described as a method of abusing attitude that is used by a person to enforce some power on the other person.On the other hand, it is also used to make relation with another person purposefully. Assault and battery instances that do not involve family members are often the result of self-defense. Be it enacted by the General Assembly of Virginia: 1. Sheryl Shane, The Virginia Attorney possesses approximately (25) years of experience as a litigator. Misdemeanor battery involves minor bodily injury like a cut, scrape or bruise. This domestic violence is also called first offense of assault and battery. The Defense of Defending Yourself. I assume you mean that this was your first criminal offense of any kind (as opposed to it being the first offense for assault). ← Previous 18.2-57.1 Repealed; Next → 18.2-57.3 Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge 18.2 Crimes And Offenses Generally; 4 Crimes Against The Person; 4 Assaults And Bodily Woundings Under Virginia Criminal Code – Section 18.2-57, common law “assault and battery” are codified as one crime, a Class 1 misdemeanor. In domestic assault cases the weapon is often a bottle, remote control, phone, or other common household item. We counter that with fighting for anger management classes to have the charges dismissed, specifically if it involves a first offense. (W. Va. Code Ann. Penalties for repeat offenders or assault and battery against a government official are tougher. Where available, if an individual has consented voluntarily to a particular act, then that same act generally cannot be asserted to constitute an assault and battery. What is the difference bewteen assault and battery you may ask. There are some crimes which seem minor, such as first offense marijuana, drug crimes, assault & battery, domestic violence, and petty larceny charges. Typically, assault and battery against a family or household member is charged as a Class 1 misdemeanor. We would recommend that you speak with an experienced criminal […] Virginia Law: Simple Assault and Battery is a Misdemeanor While assault and battery are not technically the same offense, they are found in the same section of Virginia law. Penalties for Assault and Battery in Virginia Generally, assault and battery is a misdemeanor offense which carries up to one year in jail. Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs … Assault and Batter Defenses: Consent. A second offense can put you behind bars for up to a year. To be eligible for the first offender program, a person must: Be an adult at the time of the incident; Unlike other Assault and Battery charges, Virginia law allows for some offenders accused of Domestic Assault and Battery to request the case be handled under a First Offender program which essentially gives the offender the chance to persuade the Court that the incident in question was unusual and is not likely to happen again. Will I Go To Prison For A Common Assault First Offence? In the civil context, assault and battery are intentional torts.In criminal law, "assault and battery" is often used to refer to only one crime. However, the following statute (VA Code 18.2-57.3) describes a first offender option when it is the Defendant’s first time facing such a charge. Force … Here at Big Valley Law in Harrisonburg, Virginia, we know how important it is for you to face DUI charges with … §61-2-9(c).) Meaning you must look to the code section to find the possible penalties one could face if convicted. In Virginia, if you are charged with Domestic Assault and Battery (Virginia Code Section 18.2-57.2) and have no previous convictions for this offense you may be entitled to relief from conviction under Virginia Code Section 18.2-57.3, commonly referred to as the “First Offender Program”. First offense assault and battery against a family or household member; enhanced penalties. Under Code of Virginia § 18.2-57, simple assault and battery is a Class 1 misdemeanor offense.That is not to say it is a minor criminal issue. There are two potential criminal charges here. South Carolina divides the crime of Assault & Battery into several different “degrees.” Assault and battery is defined as the act of harming or attempting to harm an individual. It is punishable by 5-25 years imprisonment in Virginia under state code § 18.2-57 . If you're facing assault and battery charges, a qualified legal counsel can help you identify potential defenses and devise a plan to minimize the consequences of your case. Re: First Offense Assault Charge in Virginia There's a big difference between having a charge dismissed and having it expunged. Virginia Assault & Battery Penalties It is a Class 1 Misdemeanor, with a maximum penalty of up to 1 year in jail. Under Virginia law, your driver’s license will be suspended for one year if you are convicted of drunk driving, even on a first offense. Assault & Battery, 3rd degree (Simple Assault) is codified in S.C. Code §16-3-600(E). If the promise was that if he completed his sentence the charge would be dismissed, that may have happened, with it … Assault and Battery. Indeed, misdemeanor assault and battery can carry a maximum penalty of up … In Virginia, this criminal offense must have two elements: The state must prove that the defendant willfully touched the other person without excuse or justification. This means the maximum penalty is up to 12 months in jail, and/or a fine of up to $2,500. Virginia Code Section 18.2-57 is the simple assault statute. Description. You state that this was a "first-time offense of assualt and battery". As written, it merely criminalizes the assault of another person, not the assault and battery of an individual. Common assault is the least serious of the assault charges. A first-offense DUI conviction can lead to fines, a year without a driver’s license and a criminal record. Both assault and battery usually are misdemeanors in West Virginia. Assault with a weapon (s. 265), Assault carry weapon When most people think of weapons they think of guns and knives. Assault and battery is a serious offense. In other words, you have to be beat the DWI charge to keep your license. View Virginia Criminal Attorney - Assault and Battery.docx from LAW MISC at University Of Chicago. Justia US Law US Codes and Statutes Code of Virginia 2016 Code of Virginia Title 18.2 - Crimes and Offenses Generally Chapter 4 - Crimes Against the Person § 18.2-57.3. If an assault is performed upon someone selected based on race, religion, color, or national origin (aka a “hate crime”), there is a mandatory minimum of 30 days in jail. That § 18.2-57.3 of the Code of Virginia is amended and reenacted as follows: § 18.2-57.3.Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge. If that is the case, it is highly unlikely. Virginia has a specific statue that governs these charges (VA Code 18.2-57.2). Possession of Marijuana the first time you are convicted is an unclassified misdemeanor. For Marijuana a first conviction carries the possibility of up to 30 days in jail and a fine of not more than $500. Consent may be available as a defense to an assault/battery charge, depending on the jurisdiction. Virginia considers domestic violence a form of assault and battery, but distinguishes it from normal assault and battery by covering charges separately within state code Section 18.2-57.2, which states that any person who commits assault and battery against a member of their own family or household is guilty of a Class 1 misdemeanor. Virginia Code Section 18.2-250.1. And keeping that first offense off your record may save you a lot more trouble down the road if you are charged a second time. If you are convicted of assault and battery in Virginia, the penalties include a Class One misdemeanor, up to one year in jail, and a maximum fine of $2,500 according to the Virginia Criminal Code § 18.2-57. A third offense Domestic Assault in West Virginia is a felony if the offense occurs within ten years of a prior domestic violence offense and is punishable by imprisonment for not less than one (1) nor more than five (5) years, or fined not more than $2,500, or both imprisoned and fined. Assault and battery against a family or household member; penalty § 18.2-57.3 Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge § 18.2-57.4 It is highly unlikely if you have no prior offenses. A first offense for Domestic Assault and Battery is classified as a Class 1 Misdemeanor. First Offender Program. Sentencing varies depending on the state statutes, the facts of a given case, and a number of other factors. Whether you will go to prison for a common assault first offence depends on a number of factors. These offenses carry penalties of one to three years in prison and a fine of $1,000 for a second offense, or two to five years in prison and a $2,000 fine for a third offense.