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Simple Assault & Battery, Domestic Assault, Hazing


Assault & Battery Lawyer in Virginia Beach

The term “assault” covers a wide range of offenses. Behavior commonly considered horseplay or disorderly conduct might result in a criminal charge of assault & battery. Under Virginia law, assault & battery is defined simply as an unwanted touching of another. There is no requirement that there be any injury. Charges can be brought for the obvious actions of punching or kicking someone, but also minor events such as pushing and shoving or even spitting.

Also, contrary to many people’s belief, it is also illegal to hit someone who has hit you. This defense may have worked on the elementary school play ground, but under Virginia law, both parties can be charged with and found guilty of assault. To use self-defense properly, the victim of an assault must only use physical force to stop the aggressor from continuing the assault.

In Virginia, any citizen can go before a magistrate and cause an arrest warrant to be issued for assault and battery solely on the basis of their sworn statement, without the involvement of a prosecutor or any other supporting evidence. As a result, even in a seemingly straight-forward case there may be legal and factual issues that can provide the basis for a successful trial defense.

The Virginia Beach criminal defense attorneys at Garrett Law Group, PLC understand the law and its applications. Our criminal attorneys aggressively defend people accused of violent crimes such as:

Call us at (757) 422-4646 or contact us online to our firm to arrange for a free consultation with a Virginia criminal defense attorney.

Defending an Assault Charge

Our criminal defense lawyers develop a defense of a violent crime charge in the same manner as the attorneys do with other crimes of violence; with comprehensive investigation, a thorough analysis of the law, and plain hard work. In assault and battery cases, our criminal defense attorneys pay particular attention to the specific actions that are alleged in the criminal complaint.

Our criminal lawyers build every defense from the ground up, through a careful examination of the facts and the law. In some cases, the criminal attorney may seek to undercut the accuser’s version of the event through a clear-cut cross-examination of the facts. In others, the criminal lawyer may rely on a defense based on the law.

Our criminal defense lawyers will work to build an effective defense using every means possible to seek a dismissal of the charge, victory at trial, or a downward or lateral plea negotiation.

For a free initial consultation with an experienced criminal defense lawyer regarding an assault and battery charge or other violent crime, call (757) 422-4646 or contact us online.

Virginia Statutes:

§ 18.2-55. Bodily injuries caused by prisoners, state juvenile probationers and state and local adult probationers or adult parolees.
§ 18.2-55.1. Hazing of youth gang members unlawful; criminal liability.
§ 18.2-56. Hazing unlawful; civil and criminal liability; duty of school, etc., officials.
§ 18.2-56.1. Reckless handling of firearms; reckless handling while hunting.
§ 18.2-56.2. Allowing access to firearms by children; penalty.
§ 18.2-57. Assault and battery.
§ 18.2-57.01. Pointing laser at law-enforcement officer unlawful; penalty.
§ 18.2-57.02. Disarming a law-enforcement or correctional officer; penalty.
§ 18.2-57.2. Assault and battery against a family or household member; penalty.
§ 18.2-57.3. Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge.
§ 18.2-57.4. Reporting findings of assault and battery to military family advocacy representatives.