Virginia criminal charge
Assault and battery in Virginia
Current through 2026 Virginia legislative session
Assault and battery is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-57. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-57.
What is the penalty for assault and battery in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Simple assault or assault and battery — A person commits a simple assault or assault and battery.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Simple assault or assault and battery — A person commits a simple assault or assault and battery.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 12 months (Bias-motivated simple assault or assault and battery (no bodily injury) — A person intentionally selects the victim of a simple assault or assault and battery because of race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, requiring a mandatory minimum of six months confinement.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Bias-motivated simple assault or assault and battery (no bodily injury) — A person intentionally selects the victim of a simple assault or assault and battery because of race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, requiring a mandatory minimum of six months confinement.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Bias-motivated assault and battery with bodily injury — A person intentionally selects the victim of an assault and battery resulting in bodily injury because of race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, requiring a mandatory minimum of six months confinement.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Bias-motivated assault and battery with bodily injury — A person intentionally selects the victim of an assault and battery resulting in bodily injury because of race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, requiring a mandatory minimum of six months confinement.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Assault or assault and battery on judge, law-enforcement officer, correctional officer, firefighter, EMS, or similar protected official — A person commits an assault or assault and battery knowing or having reason to know the victim is a judge, magistrate, law-enforcement officer, correctional officer, certain corrections/juvenile justice/behavioral health personnel, firefighter, or EMS personnel engaged in performance of public duties, requiring a mandatory minimum of six months confinement.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Assault or assault and battery on judge, law-enforcement officer, correctional officer, firefighter, EMS, or similar protected official — A person commits an assault or assault and battery knowing or having reason to know the victim is a judge, magistrate, law-enforcement officer, correctional officer, certain corrections/juvenile justice/behavioral health personnel, firefighter, or EMS personnel engaged in performance of public duties, requiring a mandatory minimum of six months confinement.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Battery on school employee — A person commits a battery knowing or having reason to know the victim is a full-time or part-time public or private elementary or secondary school employee engaged in performance of duties, requiring a mandatory 15-day jail sentence (2 days mandatory minimum), increased to a 6-month mandatory minimum if committed with a firearm or prohibited school weapon.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Battery on school employee — A person commits a battery knowing or having reason to know the victim is a full-time or part-time public or private elementary or secondary school employee engaged in performance of duties, requiring a mandatory 15-day jail sentence (2 days mandatory minimum), increased to a 6-month mandatory minimum if committed with a firearm or prohibited school weapon.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 12 months (Battery on health care provider — A person commits a battery knowing or having reason to know the victim is a health care provider engaged in duties in a hospital or emergency room, requiring a 15-day jail sentence with a 2-day mandatory minimum.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Battery on health care provider — A person commits a battery knowing or having reason to know the victim is a health care provider engaged in duties in a hospital or emergency room, requiring a 15-day jail sentence with a 2-day mandatory minimum.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 12 months (Assault or assault and battery on public transportation operator — A person commits an assault or assault and battery knowing or having reason to know the victim is a public transportation vehicle operator engaged in performance of duties.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Assault or assault and battery on public transportation operator — A person commits an assault or assault and battery knowing or having reason to know the victim is a public transportation vehicle operator engaged in performance of duties.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 12 months (Battery on sports official — A person commits a battery knowing or having reason to know the victim is a sports official engaged in duties or present on premises before/after duties.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Battery on sports official — A person commits a battery knowing or having reason to know the victim is a sports official engaged in duties or present on premises before/after duties.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is assault and battery classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Simple assault or assault and battery | class 1 misdemeanor | A person commits a simple assault or assault and battery. | Va. Code Ann. § 18.2-57A |
| Bias-motivated simple assault or assault and battery (no bodily injury) | class 1 misdemeanor | A person intentionally selects the victim of a simple assault or assault and battery because of race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, requiring a mandatory minimum of six months confinement. | Va. Code Ann. § 18.2-57A |
| Bias-motivated assault and battery with bodily injury | class 6 felony | A person intentionally selects the victim of an assault and battery resulting in bodily injury because of race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, requiring a mandatory minimum of six months confinement. | Va. Code Ann. § 18.2-57B |
| Assault or assault and battery on judge, law-enforcement officer, correctional officer, firefighter, EMS, or similar protected official | class 6 felony | A person commits an assault or assault and battery knowing or having reason to know the victim is a judge, magistrate, law-enforcement officer, correctional officer, certain corrections/juvenile justice/behavioral health personnel, firefighter, or EMS personnel engaged in performance of public duties, requiring a mandatory minimum of six months confinement. | Va. Code Ann. § 18.2-57C |
| Battery on school employee | class 1 misdemeanor | A person commits a battery knowing or having reason to know the victim is a full-time or part-time public or private elementary or secondary school employee engaged in performance of duties, requiring a mandatory 15-day jail sentence (2 days mandatory minimum), increased to a 6-month mandatory minimum if committed with a firearm or prohibited school weapon. | Va. Code Ann. § 18.2-57D |
| Battery on health care provider | class 1 misdemeanor | A person commits a battery knowing or having reason to know the victim is a health care provider engaged in duties in a hospital or emergency room, requiring a 15-day jail sentence with a 2-day mandatory minimum. | Va. Code Ann. § 18.2-57E |
| Assault or assault and battery on public transportation operator | class 1 misdemeanor | A person commits an assault or assault and battery knowing or having reason to know the victim is a public transportation vehicle operator engaged in performance of duties. | Va. Code Ann. § 18.2-57F |
| Battery on sports official | class 1 misdemeanor | A person commits a battery knowing or having reason to know the victim is a sports official engaged in duties or present on premises before/after duties. | Va. Code Ann. § 18.2-57G |
Common questions about assault and battery in Virginia
Is assault and battery a felony or a misdemeanor in Virginia?
It depends on the circumstances: assault and battery ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-57.
Simple assault or assault and battery: class 1 misdemeanor (Va. Code Ann. § 18.2-57A) · Bias-motivated simple assault or assault and battery (no bodily injury): class 1 misdemeanor (Va. Code Ann. § 18.2-57A) · Bias-motivated assault and battery with bodily injury: class 6 felony (Va. Code Ann. § 18.2-57B) · Assault or assault and battery on judge, law-enforcement officer, correctional officer, firefighter, EMS, or similar protected official: class 6 felony (Va. Code Ann. § 18.2-57C) · Battery on school employee: class 1 misdemeanor (Va. Code Ann. § 18.2-57D) · Battery on health care provider: class 1 misdemeanor (Va. Code Ann. § 18.2-57E) · Assault or assault and battery on public transportation operator: class 1 misdemeanor (Va. Code Ann. § 18.2-57F) · Battery on sports official: class 1 misdemeanor (Va. Code Ann. § 18.2-57G)
What are the penalties for assault and battery in Virginia?
Which Virginia statute covers assault and battery?
Assault and battery is governed by Va. Code Ann. § 18.2-57 (Assault and battery; penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.