Differences Between Assault and Domestic Violence in Virginia
Any aspect of an assault or battery charge can have lasting effects in your personal and social life. A domestic violence charge can break families apart and devastate a household. Determining the differences between assault and domestic violence in Virginia can be difficult, but an experienced lawyer can help you understand the aspects. It is very important to contact a Virginia domestic violence lawyer to help you understand any charge.
Assault and Battery Charges
A crime of assault and battery is really a statute that incorporates two different types of behaviors, both of which are criminalized. An assault is actually not an offensive touching, hitting, grabbing, pushing, shoving or anything like that, but rather an assault is placing a person in reasonable fear of a pending battery, which is then the offensive contact.
If an individual approaches someone in an aggressive manner and does something that makes them think that he or she is about to hit them, that technically constitutes an assault. A battery is the actual offensive touching that takes place when it goes to the next level.
A battery can be something as simple as grabbing a person by the arm all the way up through a full-on punch and everything in between. A charge of battery can constitute touching something that a person is holding onto, like grabbing a person’s cell phone or car keys out of their hand. Even if they do not technically touch that person, it can still be considered battery if an individual commits that act.
Domestic Violence Charges
Domestic violence in Virginia can mean a great many things which can include, of course, assault and battery but also any other violent behaviors to include intimidation, abduction, which is a thing that can take place without actually touching someone or threatening to touch them. Strangulation is involved under the domestic violence umbrella. Essentially, any conduct that creates violence or tends to create violence can constitute domestic violence under Virginia law. Domestic violence has an additional element of the relationship between the alleged victim and the alleged assailant.
There is not a specific statute that criminalizes domestic violence in Virginia. Domestic violence is simply a category of charges that exist under Virginia law but there is not a code section that criminalizes domestic violence.
There are code sections that criminalize assault and battery. If a person is charged with assault, it can also be considered a domestic violence charge.
Contacting a Lawyer
In Virginia, domestic violence and assault charges are should not be fought alone. Both charges can have serious penalties and consequences, so it is important to fight them as early on as possible. When charged with domestic violence, it is possible that one has lost their emotional support system, so an experienced Virginia domestic violence attorney can help their clients through any situation. Please contact a Virginia domestic violence lawyer today to assist you with your case.