Criminal Defense Lawyer in Virginia Beach

Domestic Assault and Battery

In order for you to be convicted of domestic assault and battery the Commonwealth must prove that you touched the other person in a Manner that was either Angry or Rude or Insulting or Vengeful.

Therefore, if the accused and the other person were arguing leading up to the alleged touching then the Commonwealth would easily be able to establish that the touching was done in an angry manner. Similarly, if the circumstances showed that the accused was trying to irritate the other person leading up to the touching then the Commonwealth would easily be able to establish that the touching was done in a rude manner. Similarly, if the touch itself was an aggressive kind of touch then the Commonwealth would easily establish the manner was one of the above four. So what happens if the touching was none of the above? Well, then the accused should be found not guilty. This would be seen in a scenario where the accused is touching someone in a friendly non-aggressive playful way and that person takes out assault charges. Let’s say person A gives person B a fist bump and person B takes out criminal charges for that. The fist bump would clearly be deemed touching. Person B might even testify in court that they didn’t want to be fist bumped. Despite that, person A should still be found not guilty because even though it was a touching, it was not done in a manner that was angry, rude, insulting, or vengeful. We are talking about a fist bump between the two. Conversely, if person B had previously communicated to person A that they didn’t like being fist bumped and then after knowing that person A disregards person B’s wishes and still fist bumps them nonetheless then at this point that would constitute an  assault and battery because ignoring the person’s wishes would be considered either rude and or insulting. Lastly, consent is a complete defense for assault and battery. In other words if the person consents to the touching then the touching is not an assault and battery. If person A asks person B if they can hug them and person B says yes then person A cannot be guilty of assault and battery for that one hug. Note, someone could be found guilty of assault and battery if they exceed the scope of the consent they were given. For example, person A asks person B if they can give them a hug and person B says yes but then person A gives person B three very long dragged out hugs back to back in rapid succession, the whole consent defense is probably not going to save the day on that one.