What is the average sentence of a simple assault charge in va?

Answer 1

If a person simply says that he or she is going to harm someone, but does not act in a way that shows intent to carry out the threat, it is not assault. For example, if someone says he or she is going to kill you, but doesn't act in a threatening manner, it may not be considered assault. However, if the person says he or she is going to kill you and pulls out a knife, the act may be considered assault.

In an assault and battery case, the state must prove intent-meaning the person accused of the offense must have wanted to physically strike or contact the other person, not that the person wanted to cause harm. If a person acts in a reckless or negligent manner, the prosecution could claim that this showed intent. However, if physical contact is accidental, the act may not be considered assault and battery.

For simple assault battery, a person may be charged with a misdemeanor offense. The penalties for simple assault and battery may include up to one year in jail. However, if a person assaults another individual because of his or her color, race, or religion, it may be considered a "hate crime," which is a felony offense. As a felony offense, a person convicted of a hate crime could be sentenced to a mandatory minimum of 30 days of incarceration.

Assault and battery cases are rarely cut and dry. If two people were fighting, the person who is arrested for assault and battery is typically the one who did not report it to the police first. A skilled Virginia Public defenders may argue that you were acting in self defense in this case...in any case don't plea rather to it to trial..normal you get the best deal few minute before trial start

Answer 2

Simple assault is a misdemeanor. Mxximum of not more than one year in jail and/or a fine. Other than that much depends on the seriousness of the assault and the perpetrators' past record.