Felony Assault and Batter

You Can be charged with Felony Charges if:

(See §18.2-57.2(B): You have two prior convictions under

• Assault and Battery against a family member

• Malicious wounding or unlawful wounding (under §18.2-51)

• Aggravated malicious wounding (see §18.2-51.2)

• Malicious bodily injury by substance (see §18.2-52)

·        Any offense under the law of any other jurisdiction which has the same elements as the above offenses and occurred within the last 20 years.

You Can Also be Charged if:

• Commits an assault and battery against another knowing or having reason to know that the person is a law enforcement officer, judge, magistrate correction officer (etc see statute for the full list).

• This would be a Class 6 Felony.

Penalty:       

• A term of imprisonment of not less than 1 year nor more than 5 years

• (or at the discretion of the jury or court) confinement in jail of not more than 12 months

• Fine of $2,500 either or both(or at the discretion of the jury or court) confinement in jail of not more than 12 months