Assault Lawyer New Kent County, Virginia — What Are Your Defense Options?
Assault and battery in New Kent County is a Class 1 misdemeanor under Va. Code § 18.2-57, carrying up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. has 4 documented results in New Kent County: 3 dismissed/not guilty, 1 reduced/amended.
Virginia Assault and Battery Law
Assault and battery in Virginia is defined under Va. Code § 18.2-57. The statute covers any willful and unlawful touching or striking of another person, or an attempt or offer to do bodily harm with the present ability to execute it. The charge does not require serious injury; even minor unwanted physical contact can lead to prosecution. The classification is typically a Class 1 misdemeanor, which is the most serious misdemeanor level in Virginia.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to every case. Our background includes prosecutorial insight, which we use to build strong defenses for our clients.
Official Legal Resources
For the official text of the Virginia assault statute, see Va. Code § 18.2-57 (official Virginia General Assembly). Court information for New Kent County can be found at the New Kent County Combined Courts website.
Local Court Process for Assault Charges
In New Kent County, assault cases begin at the New Kent County General District Court at 12001 Courthouse Circle. The Commonwealth’s Attorney for New Kent County prosecutes these cases. A key local procedural fact is that defendants have an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time. This means you can elect to have your misdemeanor assault case heard by a jury in New Kent County Circuit Court instead of a judge in General District Court.
- Arraignment: You will be formally charged and enter a plea of not guilty, guilty, or no contest.
- Pre-Trial Motions: Your attorney can file motions to suppress evidence or dismiss the charge if your rights were violated.
- Negotiation: Your lawyer will negotiate with the prosecutor for a favorable resolution, such as a reduction to a non-violent offense or a dismissal.
- Trial: If no agreement is reached, your case will proceed to a bench trial in General District Court or a jury trial in Circuit Court.
- Sentencing: If convicted, the judge will impose a sentence, which may include jail, fines, probation, and anger management classes.
- Appeal: You have the right to appeal a guilty verdict from General District Court to Circuit Court for a new trial.
Potential Penalties for Assault in New Kent County
In New Kent County, a simple assault and battery conviction carries up to 12 months in jail and a $2,500 fine. Enhanced penalties apply for assault on a family member, law enforcement officer, or teacher.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Assault & Battery (§ 18.2-57) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Permanent criminal record, possible protective order, difficulty finding employment. |
| Assault on Family/Household Member (§ 18.2-57.2) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Mandatory minimum 15 days if prior conviction within 20 years; mandatory completion of treatment program. |
| Assault on Law Enforcement Officer (§ 18.2-57.C) | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | None | Mandatory minimum 6 months incarceration. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Assault Defense
Our firm’s founding attorney, Mr. Sris, is a former prosecutor who understands how the Commonwealth builds its cases. This insight is invaluable for constructing a defense. We have a documented record of achieving favorable outcomes for clients facing assault charges in Virginia courts. Our approach is direct and focused on the specific facts and legal issues of your case.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Our team also includes experienced attorneys like Kristen Fisher, a former Maryland Assistant State’s Attorney, who brings prosecutorial insight to defense strategy. Mr. Sris, the firm’s founder, provides oversight on complex matters.
Case Results and Client Outcomes
In New Kent County, Law Offices Of SRIS, P.C. has 4 documented criminal case results: 3 dismissed/not guilty, 1 reduced/amended, representing a 100% favorable outcome rate for those cases.
Results may vary. Prior results do not guarantee a similar outcome.
Local Service for New Kent County Residents
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Our Richmond location serves clients at the New Kent County courts. We are accessible via I-64, Route 33, and Route 249. If you are searching for an assault lawyer near New Kent County or near Colonial Downs, we are here to help. We provide legal representation to residents of New Kent, Providence Forge, and Quinton. We offer 24/7 phone consultations at (888) 437-7747. All in-person meetings are by appointment only.
Frequently Asked Questions: Assault Charges in New Kent County
What should I do if I am charged with assault in New Kent County?
Do not speak to the police without an attorney. Contact an assault lawyer New Kent County immediately. Exercise your right to remain silent and request a lawyer. The details you provide can be used against you.
Can an assault charge be dismissed in New Kent County?
Yes. An assault charge dismissed lawyer New Kent County can seek dismissal by proving self-defense, lack of evidence, or a violation of your rights. Successful completion of a first offender program or an agreement with the victim can also lead to dismissal.
What is the difference between assault and battery in Virginia?
It depends. In Virginia, “assault” is an attempt or threat to do bodily harm, while “battery” is the actual unlawful touching. The statute (§ 18.2-57) combines them, so you are typically charged with “assault and battery.” The penalties are the same for both elements under this law.
What are common defenses to an assault charge?
Common defenses include self-defense, defense of others, accident, lack of intent, mistaken identity, and consent (in certain contexts). An experienced assault and battery defense lawyer New Kent County will investigate the facts to determine the strongest defense for your situation.
Will an assault charge go on my permanent record?
Yes, a conviction will create a permanent criminal record. However, if the charge is dismissed or you are found not guilty, you may be eligible to have the records expunged under Va. Code § 19.2-392.2, which would remove it from public view.
Internal Resources
For more information, visit our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. If you are facing other charges, explore our New Kent County DUI Lawyer or New Kent County Family Law Lawyer pages.
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.