Assault & Battery Case Study
Whether an intentional but non-harmful touching can constitute assault and battery under Virginia law.
The court held that assault and battery under Virginia law requires an intentional, unlawful touching of another person — but does not require that the touching cause physical injury. The court affirmed the conviction, finding that the defendant's intentional contact, though causing no lasting harm, met the statutory definition.
The absence of physical injury does not preclude an assault and battery conviction in Virginia. However, this case also reinforces that the touching must be intentional and unlawful — accidental contact, contact made in self-defense, or contact to which the alleged victim consented does not constitute assault and battery. Defense counsel should focus on these elements when the alleged harm is minimal.
This case involves § 18.2-57 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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