While assault and battery charges are very serious felonies in the Commonwealth of Virginia, it is important to know that the type of battery and assault will depend on how and where the case is petitioned. For instance, when it comes to domestic violence-related assault and battery cases, will be heard in the Juvenile Domestic Relations District Court (JDR). A general assault and battery case, however, will be heard in the General District Court of Virginia.
Understanding Assault and Battery Under Virginia Law
As per Virginia Code § 18.2-57, assault can be defined as the intentional threat of bodily harm attached to a further ability to carry out the assault. Battery, on the other hand, is causing physical harm to the victim while being offensive. This code is typically applied to cases where the perpetrator and victim are not married.
Understanding Domestic Assault and Battery Under Virginia Law
As per Virginia Code § 18.2-57.2, the threat of bodily harm or carrying out the assault (which is battery) against a spouse, child, or any other family member is categorized as domestic assault and battery.
Looking Into How Each Case is Processed
When talking about domestic assault and battery, the case will be heard in the JDR court, where the focus will be on family dynamics and rehabilitation, evaluating critical factors like substance abuse, emotional health, domestic conflict, and how to resolve these issues. However, when it comes to general assault and battery, the case is heard in a GDC, where an investigation will be conducted and evidence will be gathered. If found guilty, the felon may face significant incarceration.