Domestic Assault and Battery 18.2-57.2

Domestic Assault and Battery

  • 18.2-57.2: Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor
    • A third violation of the statute results in a Class 6 felony.

What does assault and battery mean?  Assault is an attempt or offer, with force and violence, to do some bodily hurt to another.  Battery is the actual infliction of corporal hurt on another (i.e., the least touching of another’s person), willfully or in anger, whether by the party’s own hand, or by some means set in motion by him.

Who qualifies as a family or household member?  Code section §16.1-228 defines what family or household member means:

Family or household member” means (i) the person’s spouse, whether or not he or she resides in the same home with the person, (ii) the person’s former spouse, whether or not he or she resides in the same home with the person, (iii) the person’s parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person, (iv) the person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person.

In Virginia, the crimes of assault and battery can be charged as a misdemeanor or felony.  Assaults and batteries that can be charged as felonies include but are not limited to hate crimes, domestic violence, assaults against certain employees, batteries by prisoners, and malicious wounding.

Being convicted of assault and battery can result in time in jail, loss of gun rights, as well as a fine, and a criminal record.  We regularly handle these cases in Henrico, Hanover, Chesterfield, and the Metro Richmond Area.  If you are charged with a crime contact one of the lawyers at Jurach, Tacey & Quitiquit.

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