Virginia criminal charge
Assault and battery against a family or household member in Virginia
Assault and battery against a family or household member is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-57.2. 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. § 18.2-57.2.
What is the penalty for assault and battery against a family or household member in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Assault and battery against a family or household member — first or second offense — A person commits assault and battery against a family or household member without the requisite prior convictions specified in subsection B.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Assault and battery against a family or household member — first or second offense — A person commits assault and battery against a family or household member without the requisite prior convictions specified in subsection B.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Assault and battery against a family or household member — third offense within 20 years — The person has two prior convictions within a 20-year period, each on a different date, for specified offenses against a family or household member (assault and battery under this section, malicious or unlawful wounding, aggravated malicious wounding, malicious bodily injury by substance, strangulation, or equivalent out-of-state offenses).; 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 and battery against a family or household member — third offense within 20 years — The person has two prior convictions within a 20-year period, each on a different date, for specified offenses against a family or household member (assault and battery under this section, malicious or unlawful wounding, aggravated malicious wounding, malicious bodily injury by substance, strangulation, or equivalent out-of-state offenses).; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is assault and battery against a family or household member classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Assault and battery against a family or household member — first or second offense | class 1 misdemeanor | A person commits assault and battery against a family or household member without the requisite prior convictions specified in subsection B. | Va. Code Ann. § 18.2-57.2A |
| Assault and battery against a family or household member — third offense within 20 years | class 6 felony | The person has two prior convictions within a 20-year period, each on a different date, for specified offenses against a family or household member (assault and battery under this section, malicious or unlawful wounding, aggravated malicious wounding, malicious bodily injury by substance, strangulation, or equivalent out-of-state offenses). | Va. Code Ann. § 18.2-57.2B |
Common questions about assault and battery against a family or household member in Virginia
Is assault and battery against a family or household member a felony or a misdemeanor in Virginia?
It depends on the circumstances: assault and battery against a family or household member ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-57.2.
Assault and battery against a family or household member — first or second offense: class 1 misdemeanor (Va. Code Ann. § 18.2-57.2A) · Assault and battery against a family or household member — third offense within 20 years: class 6 felony (Va. Code Ann. § 18.2-57.2B)
What are the penalties for assault and battery against a family or household member in Virginia?
Penalties for assault and battery against a family or household member in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 6 felony — with the ranges set by Va. Code Ann. § 18.2-11 and Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers assault and battery against a family or household member?
Assault and battery against a family or household member is governed by Va. Code Ann. § 18.2-57.2 (Assault and battery against a family or household member; 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.