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Assault, Domestic Assault, Battery, and Malicious Wounding

What is Assault and Battery?

Assault and battery are two separate crimes, but they are often charged together. Assault is defined as the threat of violence, while battery is defined as the actual use of force. In Virginia, assault and battery can be charged as a misdemeanor or a felony, depending on the severity of the offense. Malicious wounding is a felony.


What are the Penalties for Assault and Battery?

The penalties for assault and battery vary depending on the severity of the offense. A misdemeanor assault and battery conviction can result in up to 1 year in jail and/or a fine of up to $2,500. A felony assault and battery conviction can result in up to 10 years in prison and/or a fine of up to $2,500. Malicious wounding has a mandatory minimum of 5 years in prison.


What Can an Assault and Battery Lawyer Do for Me?

An experienced assault and battery lawyer can do the following for you:

  • Investigate the facts of your case. Your lawyer will investigate the facts of your case to determine what happened and who is responsible.
  • Negotiate with the prosecutor. Your lawyer can negotiate with the prosecutor on your behalf to try to reach a favorable plea deal.
  • If your case goes to trial, your lawyer will represent you in court and fight for your rights. This includes getting all of the evidence, issuing subpoenas for witnesses, documents, and videos as well as presenting your case at trial with an aggressive defense.
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