Virginia Code

Va. Code Ann. § 18.2-57 (2026)

Assault and battery; penalty

✓ current as of May 2026

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A. 1. Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor.

2. Any person who commits a simple assault or assault and battery against a person he intentionally selects because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, is guilty of a Class 1 misdemeanor, and the penalty upon conviction shall include a term of confinement of at least six months.

B. However, if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, the person is guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months.

C. In addition, if any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a magistrate, a law-enforcement officer as defined in subsection H, a correctional officer as defined in § 53.1-1, a person directly involved in the care, treatment, or supervision of inmates in the custody of the Department of Corrections or an employee of a local or regional correctional facility directly involved in the care, treatment, or supervision of inmates in the custody of the facility, a person directly involved in the care, treatment, or supervision of persons in the custody of or under the supervision of the Department of Juvenile Justice, an employee or other individual who provides control, care, or treatment of sexually violent predators committed to the custody of the Department of Behavioral Health and Developmental Services, a firefighter as defined in § 65.2-102, or a volunteer firefighter or any emergency medical services personnel member who is employed by or is a volunteer of an emergency medical services agency or as a member of a bona fide volunteer fire department or volunteer emergency medical services agency, regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or emergency medical services personnel as employees, engaged in the performance of his public duties anywhere in the Commonwealth, such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.

Nothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.

D. In addition, if any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time employee of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he is guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement. However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to § 18.2-308.1, the person shall serve a mandatory minimum sentence of confinement of six months.

E. In addition, any person who commits a battery against another knowing or having reason to know that such individual is a health care provider as defined in § 8.01-581.1 who is engaged in the performance of his duties in a hospital or in an emergency room on the premises of any clinic or other facility rendering emergency medical care is guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, shall include a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.

F. In addition, any person who commits an assault or an assault and battery against another knowing or having reason to know that such individual is an operator of a vehicle operated by a public transportation service as defined in § 18.2-160.2 who is engaged in the performance of his duties is guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, shall also prohibit such person from entering or riding in any vehicle operated by the public transportation service that employed such operator for a period of not less than six months as a term and condition of such sentence.

G. In addition, any person who commits a battery against another knowing or having reason to know that such individual is a sports official for an entity sponsoring an interscholastic or intercollegiate sports event or any person performing services as a sports official for a public entity or a private, nonprofit organization that sponsors an amateur sports event who (i) is engaged in the performance of his duties or (ii) is on the premises of such event prior to engaging in his duties or upon conclusion of his duties is guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, may also prohibit such person from attending any such sports event operated by the entity or organization that employed such sports official for a period of not less than six months as a term and condition of such sentence.

H. As used in this section:

"Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities.

"Hospital" means a public or private institution licensed pursuant to Chapter 5 (§ 32.1-123 et seq.) of Title 32.1 or Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2.

"Judge" means any justice or judge of a court of record of the Commonwealth including a judge designated under § 17.1-105, a judge under temporary recall under § 17.1-106, or a judge pro tempore under § 17.1-109, any member of the State Corporation Commission, or of the Virginia Workers' Compensation Commission, and any judge of a district court of the Commonwealth, including a judge under temporary recall under § 16.1-69.22:1, or any substitute judge of such district court.

"Law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115, any special agent of the Virginia Alcoholic Beverage Control Authority, conservation police officers appointed pursuant to § 29.1-200, full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217, and any employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-10, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733, auxiliary deputy sheriffs appointed pursuant to § 15.2-1603, police officers of the Metropolitan Washington Airports Authority pursuant to § 5.1-158, and fire marshals appointed pursuant to § 27-30 when such fire marshals have police powers as set out in §§ 27-34.2 and 27-34.2:1.

"School security officer" means the same as that term is defined in § 9.1-101.

"Sports official" includes an umpire, referee, judge, scorekeeper, timekeeper, or other person who is a neutral participant in a sports event.

I. "Simple assault" or "assault and battery" shall not be construed to include the use of, by any school security officer or full-time or part-time employee of any public or private elementary or secondary school while acting in the course and scope of his official capacity, any of the following: (i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control.

In determining whether a person was acting within the exceptions provided in this subsection, due deference shall be given to reasonable judgments that were made by a school security officer or full-time or part-time employee of any public or private elementary or secondary school at the time of the event.

1975, cc. 14, 15; 1994, c. 658; 1997, c. 833; 1999, cc. 771, 1036; 2000, cc. 288, 682; 2001, c. 129; 2002, c. 817; 2004, cc. 420, 461; 2006, cc. 270, 709, 829; 2008, c. 460; 2009, c. 257; 2011, cc. 230, 233, 374; 2013, cc. 698, 707, 711, 748, 782; 2014, cc. 663, 714; 2015, cc. 38, 196, 730; 2016, c. 420; 2017, cc. 29, 56; 2019, c. 120; 2020, cc. 746, 1171; 2023, c. 549; 2024, cc. 266, 334; 2025, c. 361; 2026, cc. 71, 72, 1084.

Notes of Decisions

Cited in 350 cases (102 in the last 5 years), 1980–2026 · leading case: South v. Commonwealth, 623 S.E.2d 419 (Va. Ct. App. 2005).

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South v. Commonwealth, 623 S.E.2d 419 (Va. Ct. App. 2005). · cites it 117× “This omission has continued despite the many amendments to Code § 18.2-57 over the years. [5] Nor does Code § 15.”

Edwards v. Commonwealth, 589 S.E.2d 444 (Va. Ct. App. 2003). · cites it 16× “In a bench trial, she was convicted of assault on a law enforcement officer, in violation of Code § 18.2-57, in addition to the indicted offenses of eluding and leaving the scene.”

Rowe v. Com., 675 S.E.2d 161 (Va. 2009). · cites it 23× “The Court of Appeals erred when it found Petitioner had waived the issue of whether assault of a law enforcement officer under Va.Code § 18.2-57 is a lesser-included offense to the charge of attempted capital murder of a police officer under Va.”

Commonwealth v. Lambert, 793 S.E.2d 805 (Va. 2016). · cites it 40× “FACTS AND PROCEEDINGS Heather Hogston Lambert ("Lambert") was tried by the Circuit Court of Scott County ("trial court") upon an indictment charging assault and battery of a child in violation of Code § 18.2-57. At the conclusion of a bench trial, Lambert was found guilty and…”

Mitchem v. Counts, 523 S.E.2d 246 (Va. 2000). · cites it 28× “" Mitchem cited several sources of public policy in support of her claim, including the VHRA and Code §§ 18.2-57, -344, and -345. [2] Counts filed a demurrer to Count I, which the trial court sustained.”

Donald Matthew Kelley v. Commonwealth of Virginia, 822 S.E.2d 375 (Va. Ct. App. 2019). · cites it 6× “Donald Matthew Kelley appeals his conviction for assault and battery in violation of Code § 18.2-57. He argues that the trial court erred by finding that a touching occurred, that he had the required intent, and that he acted without a legal excuse or justification.”

Par. v. Commonwealth, 693 S.E.2d 315 (Va. Ct. App. 2010). · cites it 12× “Anne Boston Parish (appellant) appeals her conviction for assault and battery, in violation of Code § 18.2-57. On appeal, appellant contends that (1) the evidence was insufficient to find that appellant intended to inflict fear of bodily harm, and thus the evidence was…”

Clark v. Commonwealth, 676 S.E.2d 332 (Va. Ct. App. 2009). · cites it 18× “Genev Denise Clark (appellant) appeals from her bench trial conviction for assault in violation of Code § 18.2-57. On appeal, she contends the evidence was insufficient to support her conviction because it failed to prove "an overt act or attempt to physically harm" the alleged…”

Carter v. Commonwealth, 594 S.E.2d 284 (Va. Ct. App. 2004). · cites it 20× “While statutorily proscribed and regulated, see Code § 18.2-57, the offense of assault is defined by common law in Virginia.”

Montague v. Com., 684 S.E.2d 583 (Va. 2009). · cites it 8× “4; and assault and battery of a law enforcement officer, in violation of Code § 18.2-57(C). Before trial, Montague filed a motion to suppress the evidence, arguing that the cocaine and firearm were obtained as a result of an unlawful seizure of his person in violation of the…”

Clark v. Com., 691 S.E.2d 786 (Va. 2010). · cites it 6× “Coleman (Coleman) in violation of Code § 18.2-57. In a published opinion, the Court of Appeals affirmed the judgment of the circuit court.”

Wright v. Commonwealth, 667 S.E.2d 787 (Va. Ct. App. 2008). · cites it 8× “See Code § 18.2-57. Accordingly, the trial court's finding was reasonable.”

Show all 350 citing cases →

— Va. Code Ann. § 18.2-57(0) — 2 cases

Keland Oneal Shelton, s/k/a Keland O'Neal Shelton v. Commonwealth of Virginia, 781 S.E.2d 750 (Va. Ct. App. 2016).

Cline v. Commonwealth, 675 S.E.2d 223 (Va. Ct. App. 2009).

— Va. Code Ann. § 18.2-57(2) — 1 case

Andrews v. State, 930 A.2d 846 (Del. 2007).

— Va. Code Ann. § 18.2-57(A) — 17 cases

South v. Commonwealth, 623 S.E.2d 419 (Va. Ct. App. 2005). “This omission has continued despite the many amendments to Code § 18.2-57 over the years. [5] Nor does Code § 15.”

Brown v. Spotsylvania Dep't of Soc. Servs., 597 S.E.2d 214 (Va. Ct. App. 2004).

Butler v. S. States Co-op., Inc., 620 S.E.2d 768 (Va. 2005).

Cline v. Commonwealth, 675 S.E.2d 223 (Va. Ct. App. 2009).

Heather Hogston Lambert v. Commonwealth of Virginia, 779 S.E.2d 871 (Va. Ct. App. 2015).

— Va. Code Ann. § 18.2-57(B) — 6 cases

Carfagno v. Commonwealth, 576 S.E.2d 765 (Va. Ct. App. 2003).

Ward v. State of Utah, 398 F.3d 1239 (10th Cir. 2005).

Mary O'Connell, s/k/a Mary Kelly O'Connell v. CW (Va. Ct. App. 2001).

Joshua Carl Gannon Voltz v. Commonwealth of Virginia (Va. Ct. App. 2023).

Samantha Maxine Stilwell v. Commonwealth of Virginia (Va. Ct. App. 2024).

— Va. Code Ann. § 18.2-57(C) — 135 cases

Rowe v. Com., 675 S.E.2d 161 (Va. 2009). “The Court of Appeals erred when it found Petitioner had waived the issue of whether assault of a law enforcement officer under Va.Code § 18.2-57 is a lesser-included offense to the charge of attempted capital murder of a police officer under Va.”

Montague v. Com., 684 S.E.2d 583 (Va. 2009). “4; and assault and battery of a law enforcement officer, in violation of Code § 18.2-57(C). Before trial, Montague filed a motion to suppress the evidence, arguing that the cocaine and firearm were obtained as a result of an unlawful seizure of his person in violation of the…”

South v. Commonwealth, 623 S.E.2d 419 (Va. Ct. App. 2005). “This omission has continued despite the many amendments to Code § 18.2-57 over the years. [5] Nor does Code § 15.”

Carter v. Commonwealth, 594 S.E.2d 284 (Va. Ct. App. 2004). “While statutorily proscribed and regulated, see Code § 18.2-57, the offense of assault is defined by common law in Virginia.”

Adams v. Commonwealth, 534 S.E.2d 347 (Va. Ct. App. 2000).

— Va. Code Ann. § 18.2-57(E) — 5 cases

South v. Commonwealth, 623 S.E.2d 419 (Va. Ct. App. 2005). “This omission has continued despite the many amendments to Code § 18.2-57 over the years. [5] Nor does Code § 15.”

Cline v. Commonwealth, 675 S.E.2d 223 (Va. Ct. App. 2009).

Javan Fox v. Commonwealth of Virginia (Va. Ct. App. 2009).

Christopher James Guinyard v. Commonwealth (Va. Ct. App. 2007).

Commonwealth v. Fox, 78 Va. Cir. 40 (Fairfax Cir. Ct. 2008).

— Va. Code Ann. § 18.2-57(F) — 3 cases

Carlun Fontaine Hart v. Commonwealth of Virginia (Va. Ct. App. 2016).

Carlun Fontaine Hart v. Commonwealth of Virginia (Va. Ct. App. 2017).

— Va. Code Ann. § 18.2-57(G) — 6 cases

Commonwealth v. Lambert, 793 S.E.2d 805 (Va. 2016). “FACTS AND PROCEEDINGS Heather Hogston Lambert ("Lambert") was tried by the Circuit Court of Scott County ("trial court") upon an indictment charging assault and battery of a child in violation of Code § 18.2-57. At the conclusion of a bench trial, Lambert was found guilty and…”

Heather Hogston Lambert v. Commonwealth of Virginia, 779 S.E.2d 871 (Va. Ct. App. 2015).

Carlun Fontaine Hart v. Commonwealth of Virginia (Va. Ct. App. 2017).

Ricardo Manzell Hope v. Commnwealth of Virginia (Va. Ct. App. 2024).

Darnell Anthony Davis v. Commonwealth of Virginia (Va. Ct. App. 2025).

— Va. Code Ann. § 18.2-57(G)(i) — 3 cases

Heather Hogston Lambert v. Commonwealth of Virginia, 779 S.E.2d 871 (Va. Ct. App. 2015).

Carlun Fontaine Hart v. Commonwealth of Virginia (Va. Ct. App. 2017).

— Va. Code Ann. § 18.2-57(H) — 1 case

Douglas Dale Gindlesberger v. Commonwealth of Virginia (Va. Ct. App. 2025).

— Va. Code Ann. § 18.2-57(c) — 4 cases

Cox v. Reliance Stand. Life Ins., 179 F. Supp. 2d 630 (E.D. Va. 2001).

Christopher Ramone Jacobs v. Commonwealth of Virginia (Va. Ct. App. 2026).

Commonwealth v. Foreman, 50 Va. Cir. 275 (Norfolk Cir. Ct. 1999).

Commonwealth v. Barnes, 54 Va. Cir. 162 (Portsmouth Cir. Ct. 2000).

— Va. Code Ann. § 18.2-57(f) — 1 case

Booker v. City Of Lynchburg (W.D. Va. 2020).

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