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.

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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

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Answered on 10/23/06, 7:29 pm


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