§ 18.2-57.2.) Arrest » § 19.2-81.3. 18.2-57.2. (Va. Code Ann. Domestic Assault and Battery. Table of Contents » Title 19.2. Assault and Battery of a Family Member. Law enforcement is often called to help deal with domestic situations. 2006 Code of Virginia § 18.2-57.2 - Assault and battery against a family or household member; penalty. In particular, the state classifies a wide range of crimes as domestic violence, including sexual assault, stalking, and neglect. For more information on assault and battery in Virginia, click here.. Battery against a family or household member may be a felony or a misdemeanor if the defendant has prior convictions for assault and battery, malicious wounding, or aggravated malicious wounding (in Virginia or elsewhere) against a family or household member. (Va. Code Ann. It is still a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500. In Virginia, it is also a crime to inflict physical injury against a family or household member. However, the following statute (VA Code 18.2-57.3) describes a first offender option when it is the Defendant’s first time facing such a charge. The Virginia Code defines “domestic violence” as assault and battery against another member of one’s family or household.. Sometimes those domestic situations have gotten physical. A. Assault and Battery: Punishable by up to 1-year incarceration and/or up to $2,500 in fines. One of the most commonly prosecuted offenses in Virginia is assault and battery of a family member (also called domestic assault and battery) under Virginia Code section 18.2-57.2. Assault and Battery Against a Family or Household Member (See Va. Code §18.2-57.2) In Virginia, Assault and Battery against a Family Member or Household Member is often times referred to as Domestic Assault and Battery. Code of Virginia. Section 18.2-57, 18.2-57.2 (penalties) ; Possible Penalties. § 16.1-228.) Virginia has a specific statue that governs these charges (VA Code 18.2-57.2). Arrests for Domestic Violence Any person who commits an assault and battery against a family orhousehold member is guilty of a Class 1 misdemeanor. In Virginia, assault and battery against a household or family member is regarded as a form of domestic violence. Virginia Code 18.2-57.2 considers this crime as a Class 1 misdemeanor. For more information on assault, see Virginia Assault and Battery Laws. Section 18.2-51.2 (assault/battery offenses) ; Va. Code Ann. While that might sound simple, Virginia’s domestic violence laws are more complex than they might appear. Typically, assault and battery against a family or household member is charged as a Class 1 misdemeanor. Va. Code Ann. Criminal Procedure » Chapter 7. Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc This offense is also known as domestic assault.. Statutes. Simple Assault: Punishable by up to 1-year incarceration and/or up to $2,500 in fines. Assault and battery against a family or household member is criminalized separately under Va. Code §18.2-57.2.. Published: 2004 Author: Virginia State Crime Commission Enabling Authority: Code of Virginia - § 30-158 Report . FAIRFAX, VIRGINIA DEFENSE ATTORNEY CASE RESULT Felony Strangulation under Va Code 18.2-51.6 and Misdemeanor Assault and Battery On a Family or Household Member under VA Code 18.2-57.2 for assault on girlfriend were both DROPPED for insufficient evidence to prosecute these domestic assault … RD48 - HB 220 - Assault and Battery Against a Family or Household Member. Assault and battery against a family or household member;penalty. You may be accused of this crime when you push, hit, punch, slap, beat, spank, strike, smack or injure a family or household member. B. Assault and Battery.
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