Assault and Battery are two closely related terms in the law which can describe a broad range of conduct and are the least serious offenses of in the category of “Crimes Against the Person.” Assault is any behavior which puts another person in reasonable fear that a battery – any offensive or unwelcome physical contact – will occur. Battery is the actual touching of another person in an offensive or unwelcome manner, whether or not any injury results.

Although Virginia law treats assault and battery as equivalent offenses, it is possible to commit assault without committing a battery and, similarly, a battery may occur without an assault.

If there are no special circumstances, Code § 18.2-57 defines assault and battery as a Class 1 Misdemeanor. Under certain special circumstances assault and battery may include a mandatory minimum jail sentence and may be charged as a Class 6 Felony.