Assault and Battery


criminal defense

Let Fredericksburg Criminal Defense Lawyers help you with your case.

Assault and battery are serious crimes under Virginia law, and defendants arrested for assault and battery may face felony charges and significant criminal penalties, including jail time, based on the specific conduct and the alleged victim targeted. There are numerous defenses applicable to defendants charged with assault and battery, and a defendant may be able to win a reduced sentence or avoid criminal penalties altogether if properly presented to prosecutors and the court presiding over the criminal matter. If you are under investigation for assault and battery, it is important to work with an experienced Virginia criminal defense attorney as soon as possible to ensure you do not incriminate yourself and that your rights are protected. The experienced, skilled criminal defense attorneys at Kurylo Gold & Josey are here to provide you with aggressive criminal defense to protect your rights and put your best case forward for innocence or reduced penalties.

Defining Assault and Battery in Virginia

While assault and assault and battery are often spoken of interchangeably, they refer to two different basic crimes under Virginia law:

  • Simple Assault: A simple assault is 1) an attempt to use force or violence against another person with the goal of inflicting bodily violence; or 2) or any act which indicates an intention and a capability of using violence against another person. Thus, a simple assault might be an unsuccessful attempt to hit another with a baseball bat or even threatening to hit another with a baseball bat which would cause a victim to fear an imminent blow even if the defendant does not necessarily intend to follow through.
  • Assault and Battery: When a person actually inflicts bodily harm on another either willfully or in anger, this will constitute an assault and battery. Thus, if a person actually hits another with a baseball bat intentionally or in anger, that person could be charged with assault and battery.

When Assault and Battery Becomes a Felony

Although simple assault and assault and battery can be treated as misdemeanors, a defendant can face felony charges based on the type of victim allegedly targeted, such as:

  • A person chosen as a victim based on their race, religion, color, or national origin
  • A judge
  • A law enforcement officer
  • A correctional officer
  • A firefighter
  • 2 or more prior convictions of assault and battery

Defenses in Your Assault and Battery Charge

There are a number of defense that are applicable to assault and assault and battery charges which can be presented to defend your innocence and/or reduce your penalties, including:

  • A lack of criminal intent to commit the assault and battery
  • Force was necessary to act in self-defense
  • Force was necessary to act in defense of others or to protect your home
  • Another party was actually responsible for the crime

As your attorney, we will work with you to investigate and assert all possible defenses and explore all potential avenues for reducing, minimizing, or dismissing your charges.

Experienced Virginia Criminal Defense Attorneys On Your Side

If you have been arrested for or are under investigation for assault, battery, or any other crime of violence in Virginia, the criminal defense attorneys at Kurylo Gold & Josey, PLC in Fredericksburg, Virginia, are here to help. We will fully investigate all potential defenses and do whatever it takes to protect your reputation and your future. Contact us today to schedule a consultation regarding your situation.



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  • Assault and Battery
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    Virginia Divorce Attorney Matt Kurylo


    Matt Kurylo began his legal career as a legal services specialist in the U.S. Marine Corps in 1998, then as an attorney in Fredericksburg in 2007. He is the founding partner of Kurylo Gold & Josey. In addition to providing assistance to clients, Matt serves as the firm’s managing partner.

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    Virginia Divorce Attorney Emily E. Gold


    Emily Gold focuses on matters of criminal and traffic defense, as well as family law, including divorce and child issues such as custody and visitation. She grew up in Virginia Beach, Virginia, and attended the University of Virginia and George Mason University School of Law.

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    Virginia Divorce Attorney Sara S. Josey


    Sara is a native of Kentucky but grew up primarily in Raleigh, North Carolina. After graduating in three years summa cum laude, Sara attended Campbell Law School, in North Carolina. Sara practices primarily family law and estate planning matters.

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