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Simple assault is defined in Virginia Code Section 18.2-57, as any action that the person knowingly and intentionally commits an act that places a person in reasonable fear or apprehension of bodily harm or injury.
Penalty Table for Virginia Assault Charges Description of OffenseCode SectionMaximum Jail Simple Assault Va. Code 18.2-57 12 months Assault & Battery Va. Code 18.2-57 12 months Assault on Family Member Va. Code 18.2-57.2 12 months Assault on Law Enforcement Va. Code 18.2-57 5 years5 more rows
If convicted of simple assault in Virginia, you may face jail time of up to 12 months, financial penalties of up to $2,500, and the potential for additional penalties depending on the factors surrounding your case.
Assault can be loosely defined as a violent crime in which an individual or a group inflicts physical contact that causes bodily harm and/or injury to another individual.
1-Year Statute of Limitations applies for misdemeanor sexual assaults, like sexual battery. Felony charges, like rape, can be prosecuted at any time, and there is no statute of limitations.
A first offense of simple assault or battery is a Class 1 misdemeanor and carries a sentence of up to 12 months in jail and fines up to $2,500.
In Virginia, felony crimes have no statutes of limitations—meaning a felony criminal case can be filed at any time. Most misdemeanors must be charged by the prosecutor within one year of the crime unless the law provides an exception, of which there are several (see below).
Examples of Virginia's Criminal Statutes of Limitations OffenseStatute Misdemeanor arson (“burning or destroying”): 1 year Felony arson: No time limit Va. Code § 19.2-8 (2024) Misdemeanor assault and battery: 1 year Felony assault and battery: No time limit Va. Code § 19.2-8 (2024) Burglary: No time limit 9 more rows •
If convicted of simple assault in Virginia, you may face jail time of up to 12 months, financial penalties of up to $2,500, and the potential for additional penalties depending on the factors surrounding your case.