VA Felony Assault and Battery Laws

Can Assault and Battery be charged as Felony Crime?

Assault and Battery crime, according to the Virginia Law, classified as the Misdemeanor 1; which has a penalty of maximum $2,500 fines or imprisonment for maximum 12 months. Assault and battery are usually known as battery, and assault crime is usually known as just assault. When does it happen? Well, when a person inflicts any bodily injury on someone else, assault and battery crime get activated.

Punching someone or kicking in the chest, which would result in broken ribs; this will be considered as Battery crime. Whereas, the crime of assault can be described in two different ways;

  • Any act which intends to bring physical harm to the other person will be considered an assault.
  • Any act which intends to put fear in the victim’s mind for physical or bodily harm will also be considered an assault. Moreover, if this acts put permanent fear in the victim’s mind, then it is assault crime.

However, sometimes, some battery or assault charges considered as the felony crimes and the accused individuals get treatment according to felony classes. It is dependent on the seriousness of the crime and how severe it is. Intending to kill someone will not be included in assault charges and will be treated as per the felony class law. What crimes might lead to felony charges instead of misdemeanor charges? There are few, as per follow;

Hate Crimes: Hate crimes are based on discrimination. If any person intends to give bodily harm to anyone race, religion, color or natural origin; this crime will be considered as felony six crime and the person will be charged with it. The penalties are very serious for committing a crime under felony 6 or any other felony. Five years in jail or a fine of maximum $2,500 can be ordered. The least amount of spending time in jail for six months. Despite the bail, the accused person has to spend 30 days in jail at must.

Domestic Violence: Domestic violence falls under the battery crime or battery charges. If you intend to give bodily harm or does physical abuse to any of your family members, such as, your wife, your children, or your parents; people who are living with you the from the past year also included in the family category. Although, if you commit this crime, you might be forgiven and you will face the probation period. But, if you are accused of assault, assault, and battery, or domestic violence again and already spent the probation period, then you will face charges of Felony 6 crime. Maximum fine of $2,500 or minimum one year in jail which can exceed to five years, not more than that.

Unlawful Wounding: Unlawful wounding is a serious crime. If a person intends to disfigure, disable or kill someone with the help of stabbing, shooting or cutting, will be considered under the felony six crime. If the victim’s skin hasn’t been cut or faced any injury which involves blood or broken bones, then this unlawful wounding wouldn’t apply there. Although, the battery and assault charges will apply here. If a gun is used, then this will directly go under Felony 6 crime. Here, domestic violence and unlawful wounding; both will be applicable, and the person will be treated with double charges.

Malicious Wounding: Malicious wounding is no different to unlawful wounding. It only differs when a person inflicts bodily or physical harm on someone having malice in his heart. This can be a very serious crime, and it is an exception compared to the last 3. This falls under the Felony 3 crime unlike the above three. This has serious penalties with a minimum of 5 years in prison which can exceed 20 years. $100,000 fine for the person if ordered by the Court. This case can get more severe or serious if the accused person hits any pregnant lady. If it results in termination of pregnancy, the guilty person will directly be charged with the Felony 2. This felony 2 case will see the person in jail for a maximum of 20 years and make him pay a maximum of $100,000 as a fine.