Legal Question in Family Law in Virginia
assault and battery
is assault and battery in the state of va considered a misdemeanor or a felony? the assault and batt took place between 2 sisters residing in the same household.
thanks
Asked on 10/23/06, 11:34 am
2 Answers from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: assault and battery
Assault and Battery is usually prosecuted as a misdemeanor in the Commonwealth with possible penalties for a conviction of up to 12 months incarceration in the local slammer and a fine not to exceed $2500, either or both.
Answered on 10/23/06, 2:13 pm
Fred Kaufman
Fredrick S. Kaufman, Esquire
Re: assault and battery
If there is no use of a weapon or serious injury it is a misdemeanor, if a weapon is used or there is substantial injury it is a felony. Misdemeanors carry up to twelve months and the felony is sentenced between one and five years.
Good luck
Answered on 10/23/06, 7:29 pm