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Criminal charges

assault with a deadly weapon

The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.

The crime of assault with a deadly weapon (also known as aggravated assault) occurs when someone uses a deadly weapon (gun, knife, club, tire iron, brass knuckles, etc.) during an assault.

In Virginia, assault and battery are often charged together under the same statute, but they are distinct offenses. Assault is an attempt or threat to cause harm that puts a person in fear of imminent bodily harm, while battery is the actual unlawful physical contact. Virginia law does not require physical contact for an assault charge; the fear of harm is sufficient. Aggravated assault, known in Virginia as assault with a deadly weapon, is a more serious offense and occurs when an individual commits assault using a weapon capable of causing serious injury or death, such as a gun or knife. This type of assault is considered a felony and carries more severe penalties than simple assault, which is generally a misdemeanor. The specific statutes governing these offenses are found in the Virginia Code, which outlines the elements of each crime as well as the potential penalties upon conviction.

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Criminal charges

assault with a deadly weapon

Individual & Family Legal Plan

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Virginia State Code

Virginia State Code

Criminal charges

assault with a deadly weapon

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