Virginia Assault and Battery Defense Lawyers

Key Takeaways

Under Virginia law, assault and battery is a punishable crime that can result in fines and jail time.
Depending on the situation, an officer may charge someone with either a misdemeanor or felony assault and battery crime.
Working with a skilled Virginia defense attorney can be very helpful in a criminal case.

A clenched fist is directed toward a woman shielding her face with her hands, set against a blurred gray background, suggesting a tense, confrontational scene.

Facing assault and battery charges in Virginia can be overwhelming, with the risk of jail time, hefty fines, and a permanent criminal record affecting your future.

Without the right legal representation, these charges can escalate, leaving you vulnerable to severe penalties and lasting consequences.

Don’t face this frightening situation alone. Take the first step toward protecting your rights and future. Contact our Virginia assault and battery attorneys who are compassionate and understanding today for a free consultation.

What is Assault and Battery Under Virginia Law?

Two men engaged in a physical altercation; one is punching the other, who defensively raises his arm. They are in a neutral, indoor setting with plain background.

Assault and battery are often linked together, but in Virginia, they are two distinct criminal offenses. Both charges are outlined and governed under Virginia Code Section 18.2-57. A person found guilty can receive significant legal consequences, including a criminal record, jail time, and fines.

What is the Difference Between Assault and Battery?

Many people use these terms interchangeably, but they each have distinct definitions under the law.

How Is Assault Defined

Assault is verbal in nature. For instance, when an individual attempts or threatens to cause physical harm, invoking reasonable fear, this is assault. It could be shouting and making threats, threatening to hit another person with a baseball bat, or terrorizing them by waving a knife in their face and stating they are going to stab them. This is a crime even if an individual never makes physical contact because they invoked fear for the other person.

How Is Battery Defined

Battery is touching a victim without their consent or, in other words, committing the actual physical action against another person, causing the victim bodily harm. Using the above examples, a battery charge would be given if one person actually hit the other person with the baseball bat or actually stabbed another individual with the knife.

Is Assault and Battery a Felony or Misdemeanor in VA?

Both assault and battery can be felony or misdemeanor charges in Virginia. The police officer will charge an individual based on the alleged crime committed. A simple assault would be a misdemeanor, but malicious wounding would be a felony charge.

Who is Anthony Montagna, III?

Anthony Montagna III has more than 31 years of extensive legal experience, including assault and battery, DUI, reckless driving, and other criminal offenses.

As a military child, Anthony watched his father proudly serve the Navy as an attorney for the U.S. Navy Jag Corps. Anthony has spent much of his life in Virginia, including graduating from Norfolk Academy in 1986 before going to the University of Richmond.

Upon his graduation from The University of Akron School of Law in 1993, Anthony joined his father’s law firm, Montagna & Montagna, P.C. Over the years, Anthony has cultivated strong relationships in the Hampton Roads area, being well known for his knowledge of the law and familiarity with the judges working in the Hampton Roads region.

Anthony firmly believes everyone deserves the right to strong legal representation so they can receive a fair outcome. He recognizes each case is different and provides personalized attention to each client. He strives to treat each client like he would want his family to be treated.

Why Work With Anthony Montagna, III

Clients often select Anthony Montagna, III to represent them in their criminal cases because of our law firm’s reputation for advocating and fighting for our clients. When you work with one of the attorneys at Montagna Law defense attorneys, you can expect to receive honest and transparent legal services. We are a client-first law firm.

With more than 1oo years of combined legal experience, our compassionate and understanding criminal defense attorneys will listen to your side of the story. We will then explain the elements of your crimes, the penalties, and the legal process, including your defense.

Client Testimonials

“Anthony helped me with a traffic ticket. His counsel was excellent and he really took the time to understand the situation and give expert guidance on how best to proceed. He got the ticket dismissed and I got points taken off my license as a result of his counsel.” – Michael M.

“Mr. Anthony Montagna understood the assignment! I am so glad I retained him. He is very professional, understanding, attentive, and easy to reach. He will make sure you get the best results as possible. Thank again Mr. Anthony and Kelly for taking care of me and serving me at my best. If anybody is thinking about looking into this law firm, please look no further!” – Tiara S.

Highly Recommended

Anthony knows that affiliation with professional organizations and recommendations by professional organizations are important. Thus, for example, he is a member of the American Association of Premier DUI attorneys and is listed as one of the Best Criminal Defense Lawyers in Norfolk by EXPERTISE.com. Additionally, Anthony Montagna III has many 5 star GOOGLE reviews.

Although Each Case Is Different And Results In One Case Do Not Guarantee Results In Other Cases, Some Of Our Favorable Court Cases Are The Following:

FELONY POSSESSION WITH INTENT TO DISTRIBUTE DRUGS: DISMISSED
FELONY OBJECT PENETRATION: CLIENT PLEAD TO MISDEMEANOR ASSAULT AND BATTERY
FELONY POSSESSION WITH INTENT TO DISTRIBUTE DRUGS: DISMISSED
FIRST DEGREE MURDER: CLIENT PLEAD TO VOLUNTARY MANSLAUGHTER
MISDEMEANOR ASSAULT AND BATTERY: DISMISSED
MISDEMEANOR POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA: NOLLE PROSEQUI (DISMISSED WITHOUT PREJUDICE)
INDECENT EXPOSURE: DISMISSED
ROBBERY: DISMISSED
HARASSING PHONE CALLS: DISMISSED
MISDEMEANOR POSSESSION OF MARIJUANA: DISMISSED
MISDEMEANOR HIT AND RUN: DISMISSED
VIOLATION OF A PROTECTIVE ORDER: DISMISSED
RECKLESS DRIVING: DISMISSED
CONCEALED GUN: DISMISSED
DUI: DISMISSED
FELONY HIT AND RUN: REDUCED TO MISDEMEANOR
DUI: NOT GUILTY
MALICIOUS WOUNDING REDUCED TO UNLAWFUL WOUNDING
MISDEMEANOR POSSESSION OF MARIJUANA: NOT GUILTY
MISDEMEANOR OBSTRUCTION OF JUSTICE: DISMISSED

Someone Is Available to Take Your Call 24 Hours a Day:

When you need immediate assistance with your criminal charge in Newport News, VA or any where in Hampton Roads, VA, call us today at 757-625-3500. Some criminal defense lawyers in Newport News, VA are not always available. At Anthony Montagna III, we are available 24 hours to discuss your legal matter for charges in Norfolk, Virginia Beach, Chesapeake, Suffolk, Hampton, Newport News or anywhere in VA. Anthony Montagna III handles all types of felony and misdemeanor charges, and is well known for outstanding results in murder, rape, robbery, burglary, assault and battery, and larceny charges.

Areas We Serve

Montagna Law Defense Attorneys proudly provides legal services to the entire Hampton Roads area, including:

Norfolk
Portsmouth
Virginia Beach
Chesapeake
Suffolk
Hampton
Newport News
Isle of Wight County
Northampton County

What Are the Different Types of Assault and Battery Charges in Virginia?

Virginia classifies various types of assault and battery charges. The most common classifications are simple assault, aggravated assault, domestic assault, and hate crimes. How an individual is charged will depend upon the alleged action or behavior committed. Who the alleged victim is, in some cases, is also factored in.

Simple Assault

Simple assault and battery is charged as a Class 1 misdemeanor but can be a felony in certain scenarios. The elements of simple assault include the accused allegedly carrying out a threat, invoking fear, and having the ability and intention to cause bodily harm.

Charged As: Class 1 Misdemeanor

Aggravated Assault

Aggravated assault is usually charged as a Class 3 felony, but in some cases, it may be charged as a misdemeanor, depending upon the facts and what transpired.

The language under Virginia Code states, “If any person maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill.” If the act was “done unlawfully, but not maliciously” but with intent, the charge will be a Class 6 felony.

Acts falling under aggravated assault also include assault with dangerous or deadly weapons, explosives, poisoning, or date rape drugs.

Charged As: Class 3 felony

Domestic Assault

Assault and battery committed against a family member is a Class 1 misdemeanor unless a previous criminal history of violent crimes, including assault and battery, is on record. In this case, the charge may be more serious and classified as a Class 6 felony.

Charged As: Class 1 misdemeanor or Class 6 felony

Hate Crimes

Assault and battery is a Class 6 felony if the action is a hate crime. This means if an individual commits assault and battery against another person because of their skin color, national origin, religion, or other attributes under protected classes, the penalties will be harsher.

Charged As: Class 6 felony

Special Assault and Battery Statutes

The Commonwealth of Virginia treats the following types of special assault and battery a little differently.

Assault and battery against a police officer, firefighter, emergency responder, judge, correctional officer, and potentially other types of government workers while on duty is a Class 6 felony.
Assault and battery against teachers, educators, principals, guidance counselors, and health care workers during their duties can also see more severe penalties.

What Are the Penalties for Assault and Battery in Virginia?

Hand holding a brown bottle peers through a car's steering wheel, dashboard visible, amidst urban traffic on a busy road.

Virginia issues consequences for individuals convicted of assault and battery, which can include fines, jail time, and other penalties. Penalties are enhanced for hate crimes or assaults against protected individuals.

Simple Assault: Misdemeanor assault and battery crimes have a maximum jail sentence of one year and a maximum fine of $2,500. Full restitution must also be paid to the victim. First offenders may receive lower penalties.
Hate Crimes: Hate crimes and domestic crimes are handled a little differently than simple assault. A Class 1 misdemeanor hate crime carries a minimum jail sentence of six months with a maximum jail sentence of 12 months.
Domestic Violence: Domestic violence assault and battery cases may have additional implications, such as orders of protection and other mandates imposed.

The penalty for assault and battery felony crimes have mandatory minimum and maximum penalties set. Jail sentences range from six months to 20 years. Fines are generally set at a maximum of $2,500 with a few exceptions.

Assault against a law enforcement officer: This carries a minimum jail term of six months; the maximum is five years.
Hate crimes: If such crimes result in injury, they carry a maximum five-year jail sentence and a minimum six-month jail sentence.
Unlawful wounding: This type of crime carries a minimum jail sentence of one year with a maximum of five years.
Malicious wounding: This is a Class 3 felony and carries a minimum of five years in jail with a maximum of 20 years. The fine is set at a maximum of $100,000.
Strangulation: This carries a five-year jail sentence.

Virginia’s Approach to the “Stand Your Ground” Law

Virginia is one of the “stand your ground” states. This means if you did not initiate an assault or provoke the attacker, you are allowed to defend yourself against them without having to retreat or face prosecution. Virginia is one of eight states that permits deadly force in self-defense.

What Should I Do if I Am Falsely Accused of Assault or Battery?

If you are falsely accused of assault or battery, it is crucial to remain calm and assert your right to remain silent until you can consult with a criminal defense attorney who can help build your defense and protect your rights. Get a personalized legal defense by contacting Anthony Montagna III today for a free case review by calling 757-625-3500 or filling out our online contact form.

What Are Common Defense Strategies for Assault and Battery Cases?

A defense attorney will use more or more defensive strategies in a Virginia assault and battery case. These include:

Self-defense claims
Lack of intent
Consent as a defense
Insufficient evidence
Accidental contact defenses
False accusations

How Can Criminal Defense Attorneys Fight Assault and Battery Charges?

A criminal defense lawyer can assist in an assault and battery case in many ways. They can investigate the situation for additional evidence, evaluate police and the prosecutor’s evidence, build a strong defense strategy, and advocate for a better outcome. In some situations, an attorney can negotiate to reduce or dismiss the charges.

Take Control of Your Assault and Battery Defense Today

Facing an assault charge is frightening. The skilled assault and battery lawyers at our law firm are committed to defending people facing these types of charges to get an ideal outcome. Anthony Montagna III has extensive experience in both battery and assault cases.

Are you facing assault and battery charges? Montagna Law defense attorneys will fight hard to defend your rights. To schedule a free consultation with a member of our legal team, call us at 757-625-3500 or fill out our online contact form.

Robert Bolden III

Tony was amazing! I initially found him online while researching lawyers in my area, and what sealed the deal was a close family friend who is an experienced lawyer themselves. They confirmed Tony was the person to go to. You can immediately tell he is experienced and knows his stuff. Every time we met, I felt valued and like I had his full attention. He took the time to make sure I understood everything at each step along the way. His paralegal Jay was equally awesome with top-tier communication throughout the entire process. I strongly recommend Tony to anyone looking for exceptional legal representation.

Marcus R

Mr Montagna goes above and beyond for his clients. I highly recommend his law firm.

Zgillman

I had a great experience with Mr. Montagna, I’ve had no previous court experience and he was able to guide me very clearly. Also ended with positive results.

Gina Briccetti

I couldn't recommend a lawyer as much as I recommend Anthony. He put my best interest to the forefront of his priority, taking all aspects of my case into consideration during the duration of my trial. He had an excellent way of communicating with me, treating me like one of his family members, instead of just a client. He was super transparent with me throughout the entire timeline of my case, and prepared me for what was to be expected so nothing was a surprise. I fully trusted Anthony to fight for me and my reputation, and he displayed himself very highly during my court date. He fully committed to me for my situation, and left out no details of what the court was entailing. He recommended I go above and beyond to mend my case, and so I did. He was successful in court with me, and I would absolutely utilize him as a resource for any further needs.

Josh Burton

Extremely helpful, clear, kind, and on top of every detail. Highly recommend!

Paige Dyer

Mr. Montagna was a great lawyer. Made the process very smooth and easy. Him and his paralegal were very professional and walked me through everything to help me understand my case. He worked hard get my reckless driving bumped down to an infraction which is a win in my book. 10/10 recommend if your looking for a lawyer.

nathan wilcots

Best lawyer I can ask for. He will not make promises but will put u at ease. I definitely recommend Anthony montagna.🔥

Kisha Wray

⭐⭐⭐⭐⭐ I cannot recommend Anthony Montagna highly enough. From the start, he demonstrated an incredible command of the law and a clear strategy for my case. He personally called me multiple times to walk through our defense and made sure I understood every step of the process. In court, Mr. Montagna was calm, confident, and extremely sharp. His knowledge of the law and ability to execute the right strategy ultimately helped lead to the dismissal of my case. When he says he treats his clients like family, he truly means it. He and his team were professional, responsive, and supportive the entire time. A special thank you to Jay, the paralegal on his team, for helping keep everything organized and moving smoothly. If you ever need legal representation, don’t hesitate to call Anthony “The Man” Montagna. Follow his guidance and do what he asks you to do — he knows what he’s doing. Thank you again for turning what started as a stressful situation into a positive experience.

Travis Langley

Unfortunately, I got a reckless driving ticket (68mph in a 45mph zone). Looked online and searched through many lawyers to help me with my case. Montagna law was one of the firms that popped up on a simple Google search. I read all of the previous cases stated on their website and felt comfortable with my decision to hire Mr. Montagna as my lawyer to represent me. I will say it was quite expensive, but what you get in return is fantastic representation at your court hearing and I was able to get my reckless driving charge completely dismissed and didn't have to pay any court costs or anything. Ofcourse this outcome is situational per a case to case basis, but I can honestly say that Mr. Montagna will try his absolute best to get you a good outcome in court! His experience truly speaks for itself!

Tyler Brown

I cannot recommend Anthony Montagna highly enough. He represented me in a case where I was originally charged with reckless driving (96MPH in a 55MPH zone), and thanks to his skill and strategic approach in the courtroom, he was able to get the charge reduced to improper driving. That alone made a huge difference in the long-term impact on my record. What really impressed me was how he handled the judge’s initial decision to suspend my license for 10 days. Anthony didn’t just accept it, he respectfully and professionally pushed back, using his experience and knowledge of the law to advocate even harder on my behalf. Because of his persistence and expertise, the judge reconsidered. In the end, I avoided a license suspension and the maximum fine. He is not the cheapest attorney out there, but in situations like this, you truly get what you pay for. The money was absolutely well spent. He protected my driving record, my ability to work, and gave me peace of mind during a stressful situation. If you’re facing a serious traffic charge and want someone who knows how to navigate the courtroom and fight for you, Anthony Montagna is the lawyer you want in your corner. I’m extremely grateful for his help.