Virginia Assault and Battery Laws: How Are These Cases Prosecuted In Northern Virginia?
Is assault and battery the same? Find the distinction between the two here.
The terms assault and battery are often used interchangeably but these are two separate crimes.
What Is Assault?
Assault is the act of intentionally attemptingphysical harm toward another. No physical contact needs to be made during an assault. The prosecution must also prove that the defendant had the capacity to inflict harm on the victim.
Common Examples of Assault
If someone swings a bat at another during a heated argument, even if there was no impact, this is considered assault.
Another instance would be if two friends were arguing, and one of them points an unloaded gun without shooting.
What is Battery?
Battery on the other hand, is the act of inflicting physical harm on someone deliberately, however minor or severe. One of the main denominators of this crime is that the perpetrator made physical contact in an aggressive manner.Battery can also be the result of indirect contact via an object or weapon.
A Key Pointer Regarding Battery
Even though battery constitutes touching, not every case of unwanted contact is considered battery. Here’s an illustration: a stranger commuting to and from work may tap someone on the shoulder to inquire about directions. Even if this “physical contact” is unwarranted, it’s not considered to be battery, since no harm was made or intended.
Common Examples of Battery
An irate airline passenger spits on a hostess out of anger for failing to deliver his request.
There are further aggravating circumstances to battery such as causing serious bodily injury, or when the victims involve respected authorities, including law enforcement, firefighters, etc.
What’s Domestic Battery?
Battery can be also be classified as domestic violencewhen unwanted and perceivably harmful physical contact was inflicted upon a partner, child or spouse.
Penalties for Assault and Battery
Assault and battery can result in jail time, fines, and/or a criminal record. The consequences are even greater if there were aggravating circumstances, such as the use of a deadly weapon; grave bodily injury; or assaulting or battering an executive officer, as mentioned earlier.
Legal Defenses for Assault & Battery
Today, many people find themselves ambushed with false accusations of assault and battery. Nevertheless, there aredefenses to counteract these claims, including:
- The defendant was protecting themself. The accuser may’ve been the first to strike a blow.
- The defendant, in child abuse accusations, may’ve been using their parental rights to reasonably discipline their child.
- The defendant did not intend to cause harm or bodily injury upon another.
Good to Know
In some cases, defendants are able to receive dismissal of an assault or battery charge when the alleged victim has agreed in writing that they’re satisfied with terms offered. A good example is when the defendant paid for any damages caused.
