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.
In Virginia, assault is defined under the law as an act that creates a reasonable apprehension in another person of receiving a harmful or offensive contact. It is not necessary for physical contact to actually occur; the crime of assault hinges on the fear or apprehension of such contact. Virginia law considers assault and battery as a combined offense under the same statute, which can sometimes lead to confusion. However, the distinction remains that assault refers to the act that creates the apprehension of contact, while battery refers to the unlawful physical contact itself. The severity of the charge and the associated penalties can vary based on factors such as the intent of the perpetrator, the use of a weapon, and the extent of the threat or injury caused. Assault can be charged as a misdemeanor or a felony in Virginia, with more serious cases involving factors such as assault against a protected class of individuals (e.g., law enforcement officers, healthcare providers) or resulting in significant injury leading to higher charges.