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Assault and Battery Defense Attorney in Fairfax, Virginia
Experienced Criminal Defense to Protect Your Rights and Freedom
Being charged with assault or battery in Virginia is a serious criminal matter with potentially harsh penalties, lasting consequences, and a permanent criminal record. At Crowley Peritz Law, our experienced defense attorneys stand ready to defend you aggressively and intelligently, whether your case involves a simple misdemeanor charge or an enhanced offense involving special circumstances.
Understanding Assault & Battery in Virginia
Under Virginia law, assault and assault and battery are offenses that address threats or acts of force against another person. A person can be charged even if the alleged victim was not physically injured.
- Assault generally means acting in a way that intentionally creates a reasonable fear of harmful or offensive contact by another person.
- Battery involves intentional, offensive physical contact — even if it causes no injury.
In Virginia, simple assault and assault and battery are generally charged under the same statute and are classified as Class 1 misdemeanors. That means conviction can bring jail time, fines, and other serious consequences.
Penalties for Assault & Battery
Standard Assault & Battery
A conviction for simple assault or assault and battery can result in:
- Up to 12 months in jail, and
- Fines up to $2,500.
These penalties apply even if no serious physical injury occurred. The prosecution must prove intent and that the act would cause fear or actual offensive contact.
Aggravated Penalties
Certain situations result in enhanced or felony charges:
- Hate-motivated assault (targeted because of race, religion, gender, disability, sexual orientation, or similar traits) carries higher penalties and mandatory minimum confinement.
- Assault against judges, law enforcement officers, emergency services personnel, firefighters, correctional officers, and other protected public officials is treated as a Class 6 felony, with mandatory minimum jail terms.
- Battery against school employees (teacher, principal, guidance counselor) generally carries a mandatory minimum jail sentence.
- Repeated domestic assault and battery offenses against a family or household member can elevate the charge to a felony if specific prior convictions exist.
Each of these enhancements changes the severity of the case and the stakes involved.
Why You Need a Criminal Defense Attorney
Assault and battery charges should be taken seriously — a conviction can affect your freedom, job prospects, professional licenses, custody rights, housing opportunities, and more. Even first-offense misdemeanor convictions remain on your permanent record.
At Crowley Peritz Law, we don’t treat these charges lightly. Our attorneys will:
- Carefully analyze police reports, witness statements, and physical evidence.
- Identify weaknesses in the prosecution’s case.
- Present strong defenses such as self-defense, defense of others, lack of intent, or mistaken identity.
- Explore diversion or reduced charge options when appropriate.
- Advocate passionately in negotiation or at trial.
Take Action Now
If you’re charged with assault or battery in Fairfax, don’t wait. Prompt, experienced representation makes a critical difference in defending your rights and your future.
Call Crowley Peritz Law at (571) 609-3306 or Contact Us Online for a confidential consultation.
We represent clients across Fairfax County, Arlington, Alexandria, Falls Church, Vienna, and throughout Northern Virginia.
Assault & Battery Defense FAQs
What is considered assault and battery in Virginia?
In Virginia, assault can mean an act that puts someone in reasonable fear of harm, while battery involves intentional, offensive physical contact. Both are usually charged together under the assault and battery statute.
What penalties could I face if convicted?
Simple assault and battery is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine.
Can assault and battery ever be charged as a felony?
Yes. If the act was motivated by bias against a protected class or committed against certain protected public servants (like police or judges), the offense can become a Class 6 felony with harsher terms.
Do I need a lawyer even if no one was seriously injured?
Yes. Even minor contact or a threat without injury can lead to serious consequences, including jail time and a criminal record. A defense attorney can challenge the evidence and seek reduced or dismissed charges.
Can self-defense be a valid defense?
Yes. If you reasonably believed you were protecting yourself or someone else from imminent harm, self-defense may justify your actions. This must be carefully supported by facts, which is why legal counsel is important.
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