Assault & Battery Case Study
Whether the jury instructions correctly defined the intent element of assault and battery.
The court found that the jury instructions adequately conveyed the intent requirement for assault and battery. The court clarified that 'general intent' — the intent to do the act that constitutes the offense — is sufficient; specific intent to cause harm is not required.
Virginia assault and battery is a general intent crime — the prosecution need not prove that the defendant specifically intended to harm the victim, only that they intended to make the contact. This makes it critical for defense counsel to challenge the voluntariness of the act itself, or to establish a recognized defense such as self-defense, defense of others, or consent.
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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