Sometimes an argument or disagreement can quickly get out of hand and turn into a physical altercation, especially when alcohol is involved or emotions are running high. We all see the words “assault and battery” tossed around on the evening news or court procedural shows. What do these terms actually mean? What can happen if you are charged with this crime?
A battery is a willful or unlawful touching, or by an object set in motion. The type of “touching” does not matter if the victim did not consent to being touched. Shoving, punching, slapping, or even bumping into someone can all be considered an illegal battery. An assault occurs when perpetrator takes an action intended to inflict bodily harm or when he or she takes an action intended to place the victim in fear of bodily injury. For example, a swing and a miss could still result in an assault conviction.
Do You Have to Hit Someone for It to Be Illegal?
Yes — hitting another person without their consent is illegal in Virginia and is typically charged as assault and battery under Va. Code § 18.2-57, a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500. But here is what surprises most people: you do not have to land a hit to be charged. Virginia law criminalizes the attempt or threat of harm just as readily as the act itself. An “overt act” done with the intent and present ability to cause harm — or to place someone in reasonable fear of harm — is enough to support an assault charge on its own, even if you and the other person never touched.
- A person who swings a fist and misses entirely.
- A person who throws an object in someone’s direction, whether or not it connects.
- A person who raises a fist, moves aggressively toward another person, and appears ready to strike.
- A person who pulls a hand back as if to slap someone.
In each example, Virginia courts have upheld assault convictions without any physical contact, because the law focuses on intent and the ability to carry out the threat — not on whether the blow actually landed.
Is Bumping Into Someone Considered Assault or Battery?
This is one of the most common points of confusion, and the answer depends entirely on intent.
Accidental Contact
Brushing against a stranger in a crowded store, sidewalk, or courthouse hallway is not a crime. Virginia courts have been clear that accidental, unintentional contact — the kind that happens simply from being in a crowded space — does not meet the legal definition of battery because there is no willful intent behind it.
Is Bumping Into Someone On Purpose Considered Assault?
Deliberately bumping into someone — even without a punch, a shove, or any injury — can absolutely be charged as battery under Virginia law. Virginia’s courts have repeatedly held that the “slightest touching of another, if done in a rude, insolent, or angry manner,” is enough to support a battery conviction. The touch does not need to hurt; it only needs to be unwanted and done on purpose in anger or with disrespect. So while an accidental bump in a crowded room is not a crime, deliberately body-checking, shoving, or bumping someone to intimidate or provoke them can be.
Can You Be Charged With Assault If You Were Hit First?
Yes, you can still be charged even if the other person struck first — being hit first does not automatically clear you. What it does is give you the option to raise self-defense or mutual combat as an affirmative defense, meaning you (through your attorney) present evidence that raises reasonable doubt about your guilt rather than the prosecution having to disprove it up front.
- Self-defense: you may respond with force if you reasonably believed you were in danger of bodily harm, but the force you use in return cannot be excessive relative to the threat you faced.
- Mutual combat: for a fight to legally qualify as “mutual combat,” both people must have voluntarily and willingly entered into the fight — simply defending yourself after being struck does not automatically make the encounter “mutual.”
Because these are fact-specific defenses that hinge on who did what first and how much force was used, they are best raised with an attorney who can gather witness statements, video, and medical evidence early.
Can You Get Arrested for Hitting Someone?
Yes. In Virginia, hitting someone — or, as explained above, even just attempting or threatening to — can lead to an on-the-spot arrest or an arrest after the fact once a magistrate issues a warrant based on the alleged victim’s account or an officer’s investigation. In domestic situations, Virginia law gives officers broader authority to make a warrantless arrest even if they did not witness the incident themselves. After an arrest, the accused is typically booked, may be held until a bond hearing, and is given a court date. A conviction — even a misdemeanor — creates a permanent criminal record, and a domestic conviction specifically triggers a federal firearm prohibition, as noted below.
FAQs
Do I Have To Actually Hit Someone To Be Charged With Assault?
No. Under Virginia law, an attempt or threat made with the intent and present ability to cause harm can support an assault charge even if no physical contact ever occurs.
Is Bumping Into Someone Considered Assault?
Accidentally bumping into someone, such as in a crowded space, is not a crime because there is no intent behind it. It only becomes a legal issue when the contact is intentional.
Is Bumping Into Someone On Purpose Considered Battery?
Yes. Even a slight, non-injurious touch can be charged as battery if it is done on purpose in a rude, angry, or insolent manner and without the other person’s consent.
Can You Be Charged With Assault If You Were Hit First?
Yes, you can still be charged. Being hit first allows you to raise self-defense or mutual combat as a defense, but it does not automatically prevent charges from being filed.
Is Hitting Someone Illegal Even If They Are Not Hurt?
Yes. Virginia’s assault and battery statute does not require an injury. An unwanted touch or a credible threat of harm is enough to support a charge.
Can You Get Arrested For Hitting Someone Without A Warrant?
In many cases, yes — particularly in domestic situations, where Virginia law gives officers broader authority to make an arrest even without witnessing the incident themselves.
What Is The Difference Between Assault And Battery In Virginia?
Assault involves an act or threat intended to cause harm or fear of harm, with no contact required. Battery involves an actual unwanted, willful touching of another person.
What Happens If I’m Convicted Of Assault And Battery In Virginia?
A conviction is typically a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500, plus a lasting criminal record.
Can An Assault And Battery Charge Against A Family Member Be Dismissed?
Virginia offers a first-offender program for qualifying family/household cases, which can result in dismissal after a continuance period, community service, counseling, or probation.
Will An Assault And Battery Conviction Affect My Right To Own A Firearm?
Yes, if the conviction is classified as a domestic violence offense. Federal law prohibits anyone convicted of a domestic assault and battery from owning or possessing a firearm, even for a misdemeanor.
There are defenses to this crime. If you were not the primary aggressor and the other person struck first, you could assert a theory of self-defense or mutual combat. It also matters what type of assault and battery you are charged with and where your case is pending.
An assault and battery against a family member will allow you different options to dispose of your case. Virginia provides a “first offender” program for first time violators: the offender will have their case continued out for two years before it is dismissed, and the offender may have to complete community service, counseling or be on probation. Non-family assault and battery cases will not have this option, but there is another tool available to get the charge dismissed. If the victim agrees, the parties can sign what is called an “accord and satisfaction”, or an agreement notating that the victim has been compensated for any damages suffered and wishes to dismiss the charge.
Besides of the impact of a criminal record if convicted of assault and battery, federal law mandates that any person convicted of a domestic violence charge (i.e, a domestic assault and battery) is prohibited from owning or possessing a firearm. This is true even if the offense was a misdemeanor and not a felony.
If you or someone you know is facing an assault and battery charge and would like more information, please call or e-mail us for more information.
This post is provided as an educational service and should not be construed as legal advice. Readers in need of assistance with a legal matter should retain the services of competent counsel.
Facing an assault and battery charge in Virginia — even one where you never landed a hit? Brooks & Baez has helped Richmond-area clients fight these exact charges. See our case results, then call 804-570-7473 or contact us online for a free, confidential consultation
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