Green v. Commonwealth

Under Virginia Code § 18.2-57, assault and battery is defined as the willful and unlawful touching or striking of another person against their will. The statute requires proof that the defendant intentionally caused bodily harm or offensive physical contact. Assault and battery in Virginia is a misdemeanor offense, punishable by fines and potential jail time. Federal law similarly prohibits assault under 18 U.S.C. § 113, but Virginia’s statute governs state-level prosecutions and emphasizes the non-consensual nature of the contact.

In this case, the defendant was charged with assault and battery after an altercation at a public event where the prosecution alleged the defendant struck the victim without provocation. The defendant argued that the contact was accidental and occurred during a crowded situation, denying any intent to harm. Witness testimony and video evidence were presented, with the prosecution asserting that the defendant’s actions were deliberate and unprovoked, constituting a clear violation of the statute.

The court held that the evidence sufficiently demonstrated the defendant’s intentional and unlawful contact with the victim, affirming the conviction under Virginia Code § 18.2-57. The ruling underscores the importance of intent and non-consensual contact in assault and battery cases, reinforcing that accidental contact in crowded settings may not absolve liability if intent is proven. This case serves as a critical precedent for defense attorneys to carefully evaluate the context and intent behind physical contact in similar misdemeanor assault charges.