
Assault Lawyer in Virginia — Defending Against Assault and Battery Charges
An assault charge in Virginia is a serious Class 1 misdemeanor under Va. Code § 18.2-57, carrying up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. provides statewide defense, leveraging over 120 years of combined attorney experience. Our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
In Virginia, assault and battery are defined under Title 18.2 of the Virginia Code. Simple assault, a Class 1 misdemeanor, involves an act intended to cause bodily harm or creating reasonable fear of such harm. Battery is the unlawful touching of another. The firm, founded in 1997 by former prosecutor Mr. Sris, brings deep, practical knowledge of how these statutes are applied in courts across the Commonwealth.
Virginia Assault Law and Legal Resources
Understanding the specific law you are accused of violating is the first step in building a defense. The official statute for simple assault and battery is Va. Code § 18.2-57 (official Virginia General Assembly). For court-specific procedures and filing information, refer to the Virginia Judicial System website.
Virginia Assault Defense Strategy
Successfully defending an assault charge requires a case-specific approach. A common defense is self-defense, where you must prove you reasonably believed force was necessary to protect yourself from imminent harm. Defense of others and lack of intent are also viable strategies. The key is immediate action to protect your rights and record.
- Contact our firm immediately after arrest or receiving a summons.
- We will secure and review all police reports and witness statements.
- Our team investigates the incident, seeking evidence like video or 911 calls.
- We develop a defense strategy, which may involve pre-trial motions or negotiations.
- We represent you at all court hearings, aiming for the best possible resolution.
Potential Penalties for Assault in Virginia
In Virginia, a simple assault conviction carries significant penalties including jail time, fines, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Assault (§ 18.2-57) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None (unless DUI-related) | Permanent criminal record, possible protective order |
| Assault & Battery of a Family Member (§ 18.2-57.2) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Mandatory anger management, no contact orders |
| Malicious Wounding (§ 18.2-51) | Class 3 Felony | 5-20 years | Up to $100,000 | None | Felony record, loss of firearm rights |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Assault Defense Team
Law Offices Of SRIS, P.C., founded in 1997, operates on the principle of “Advocacy Without Borders.” Our team includes former prosecutors and a former Virginia State Trooper, giving us unique insight into both sides of a criminal case. We have a documented history of achieving favorable outcomes for clients facing assault charges across Virginia.
Kristen M. Fisher
Of Counsel (Former Prosecutor)
Bar Admissions: Maryland; Virginia
A former Assistant State’s Attorney in Maryland, Kristen Fisher uses her prosecutorial experience to build strong defenses for clients facing assault and other criminal charges in Virginia and Maryland state courts.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Documented Case Results
Our firm-wide track record across Virginia, Maryland, New Jersey, New York, and DC includes 4,739+ documented case results with over 93% favorable outcomes. While specific results depend on unique case facts, our team, including secondary attorney Mr. Sris—a former prosecutor and firm founder—works diligently to seek dismissals, reductions, and acquittals.
Results may vary. Prior results do not guarantee a similar outcome.
Virginia Assault Lawyer Near You
Our Fairfax location is centrally positioned to serve clients across Northern Virginia and beyond. We are accessible via major highways including I-66, I-95, and the Beltway (I-495). Seeking an assault lawyer near Virginia? We provide representation statewide. We serve communities across all Virginia counties and cities.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Virginia Assault Charges FAQ
What is the penalty for assault in Virginia?
A Class 1 misdemeanor assault charge in Virginia carries up to 12 months in jail and a $2,500 fine under Va. Code § 18.2-57. Enhanced penalties apply for assault on specific individuals like police officers or family members. A conviction creates a permanent criminal record.
Can an assault charge be dismissed in Virginia?
Yes. An assault charge dismissed lawyer Virginia can achieve this through various means, such as proving self-defense, demonstrating a lack of evidence or intent, or negotiating with the Commonwealth’s Attorney. Early legal intervention significantly improves the chances of a dismissal.
What is the difference between assault and battery in Virginia?
In Virginia, assault is the act of creating a reasonable fear of imminent bodily harm. Battery is the actual unlawful touching or physical contact. They are often charged together as “assault and battery,” but they are distinct legal concepts with the same penalty range.
Should I hire a lawyer for a misdemeanor assault charge?
Yes. Even a misdemeanor carries a potential jail sentence and a permanent record that affects employment, housing, and professional licenses. A skilled assault lawyer Virginia can protect your rights, challenge the evidence, and work toward a reduction or dismissal.
What should I do if I am charged with assault?
Remain silent and do not discuss the incident with anyone except your attorney. Contact a criminal defense lawyer immediately. Preserve any potential evidence, such as messages or witness information. Attend all court dates and comply with any temporary court orders.
Internal Links: For more information on related legal issues, see our Virginia Criminal Lawyer hub, or learn about defense in neighboring areas like Fairfax County criminal defense. For a different legal need in Virginia, consider our Virginia reckless driving lawyers.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
