Can You Be Guilty of Assault in Virginia Without Causing an Injury?
In Virginia, an Assault Charge Does Not Require a Visible Injury
Yes. In Virginia, a person can be charged with assault or assault and battery even when the alleged victim has no visible injury.
When people hear the word “assault,” they often picture a fight that leaves someone bruised, bleeding, or otherwise physically hurt. But under Virginia law, an injury is not necessarily required.
Virginia criminal defense attorney Lili O’Connell recently discussed a Battlefield Law Group case that illustrates just how surprising these charges can be. A client was accused of hitting her husband with a soft, squishy toy shaped like a stick of butter.
Yes, a butter squishy.
The client was ultimately found not guilty, but the case highlights an important point: something does not have to cause pain or leave a mark for an allegation of assault and battery to lead to criminal charges.
Physical Injury Is Not Required for Assault and Battery in Virginia
Virginia Code § 18.2-57 addresses simple assault and assault and battery, which are generally classified as Class 1 misdemeanors.
Virginia courts have recognized that battery can involve even slight physical contact when that contact is intentional, unjustified, and made in an angry, rude, insulting, or vengeful manner.
That means the focus of a case may not be whether someone was actually hurt. Instead, questions about what happened, why the contact occurred, the intent behind it, and the circumstances surrounding the interaction can become extremely important.
What Could Lead to an Assault and Battery Charge Without an Injury?
The alleged physical contact can be relatively minor and still result in a criminal charge.
Depending on the circumstances, cases may involve conduct such as:
Pushing or shoving someone
Grabbing another person
Slapping or striking someone without leaving a mark
Throwing or using an object that makes contact with someone
Spitting on another person
Other unwanted physical contact made in an angry, rude, insulting, or vengeful manner
Virginia courts have specifically recognized spitting as conduct that can support a battery conviction even when there is no physical injury.
The larger point is that the seriousness of an injury is not what determines whether a battery occurred.
Assault Does Not Always Require Physical Contact Either
Another distinction that can make these cases confusing is that assault and battery are not exactly the same thing.
Battery generally involves physical contact. Assault, however, can occur without contact actually taking place.
An assault can involve an attempt or act that places another person in reasonable fear of imminent bodily harm, depending on the circumstances. That means someone does not necessarily have to successfully strike another person for an assault allegation to arise.
This is one reason the details surrounding an incident matter so much. What someone intended, what the other person perceived, what witnesses saw, and what happened immediately before and after the alleged conduct can all become relevant.
A Butter Squishy May Sound Funny. A Criminal Charge Is Not.
There is an almost absurd quality to hearing the words “assault with a butter squishy.” But for the person charged, there was nothing funny about facing a criminal case. Allegations involving relatively minor or unusual physical contact are not necessarily as uncommon as people may think.
Assault and battery cases often arise from arguments between spouses, partners, family members, roommates, acquaintances, and others where there may be conflicting accounts of what happened. There may be no significant injury, no medical treatment, and sometimes very little physical evidence. That does not automatically prevent someone from being charged, and it also does not automatically mean the Commonwealth can prove the charge.
No Injury Does Not Mean There Is No Defense
The absence of an injury can be relevant, but defending an assault and battery case involves much more than looking for bruises or visible harm.
An attorney may need to examine what contact actually occurred, whether it was intentional, the context surrounding the interaction, witness statements, body-worn camera footage, photographs, text messages, 911 calls, and other available evidence.
There may also be disputes over whether the contact occurred at all, whether it happened as alleged, whether self-defense or another legal justification applies, or whether the evidence establishes the intent required for the offense.
The Battlefield Law Group client in the butter-squishy case was found not guilty, but every case turns on its own facts and evidence.
Battlefield Law Group represents clients facing assault and battery, domestic assault, and other criminal charges throughout Northern Virginia and the Lynchburg area. Contact our team to discuss your case.
