According to the Reports to the General Assembly by LIS, in 2023, 5,700 children and adults in Virginia received 230,759 nights of temporary shelter and emergency services due to domestic violence. This shows that domestic assault is still a significant problem in society.

Most people think that domestic assault criminal charges in Virginia only entail serious physical altercations. However, under Virginia law, something as simple as pushing someone is considered assault and battery in a domestic setting, depending on the circumstances.

Is pushing someone assault in Virginia? Let’s discuss more below.

What Is the Difference Between Battery and Assault?

The Commonwealth of Virginia differentiates between battery and assault depending on the absence or presence of physical contact. Both assault and battery are categorized as Class 1 misdemeanors. They are also charged under the same statute (18.2-57).

If found guilty of these criminal offenses, you’re fined $2,500 and could face a jail term of up to 12 months.

Battery is defined as intentional physical contact with an individual against their will, which is offensive and harmful. On the other hand, assault doesn’t involve physical contact. It entails intentionally creating fear or anxiety of imminent offensive contact or bodily harm to another person.

It’s important to note that even if there’s no physical contact, an individual can still be charged with assault in Virginia. For instance, pushing someone without causing any injury is considered an offence according to Virginia assault laws.

Is Pushing Someone in Self-Defense an Assault in Virginia?

No, if someone shoves the other to defend themselves, it’s not considered assault in Virginia. This is as long as the deed is according to the self-defense laws in Virginia.

The Virginia state laws permit people to use a reasonable amount of force to defend themselves from harmful altercations. However, some conditions should be met. These conditions include the following:

An individual cannot claim self-protection if they attacked first; before using force, they should try to de-escalate or retreat from the situation
A person must be sure that they or another individual is in danger of unlawful force or physical harm
There must be a reasonable belief to use force in that situation
The force used must match the imminent threat or harm faced; it’s unacceptable to use unnecessary or excessive force

When Is Pushing Considered Assault in Virginia?

According to Virginia assault laws, the attempt to inflict harm or unlawfully attack someone, including pushing, is categorized as assault. It necessarily doesn’t require inflicting actual harm to the victim. This means if you shove someone to instill apprehension or fear of harm, it can lead to criminal charges in Virginia.

For instance, if you’re having a confrontation or heated argument with someone and you end up pushing them, this is viewed as assault. Having witnesses at the crime scene can significantly affect the outcome of a shoving incident. If credible witnesses or a police officer corroborate the victim’s account, then your assault charges may be strengthened.

What Are the Legal Implications of Pushing a Family Member?

When a member of your family accuses you of assault or pushing in Virginia, you’ll likely face serious legal consequences. This may be even more severe if actual physical contact is involved.

The accused will be arrested and charged as a domestic violence offender under Virginia Code 18.2-57.2. The case is then presented to a Juvenile and Domestic Relations Court. Here, the victim doesn’t control the prosecution; the Commonwealth of Virginia does.

Once the assault charges are filed, the case is now under the control of the Commonwealth’s attorney. At this point, the accuser or victim can’t drop the charges.

The accused may lose child custody and face difficulties in securing employment. If you’re found guilty of a third offense with 20 years, it’s now categorized as a class 6 felony. This carries more serious penalties, including a jail term of one to five years.

Difference Between Assault and Battery and Domestic Violence Charges

The main difference between domestic violence, battery, and assault charges is the relationship between those involved. Domestic violence applies to crimes committed against household or family members. Household members or family, as recognized by Virginia law, include the following:

People who have lived together for the last year
People who have a child together
Former or current spouses
Siblings, children, parents

Assault and battery charges can be filed against anyone, regardless of your relationship. Domestic charges, however, have more implications, including potential impact on firearm possession rights or family law matters. These charges also include mandatory arrest policies.

Defenses Against Pushing or Assault Charges in Virginia

If you’re facing pushing or assault charges, you can reach out to a professional criminal defense lawyer. This attorney will leverage potential defense strategies to help you fight the assault charges. Some of the defenses against pushing charges include the following:

Accident contact: If you had no intentions to cause harm, this could count as a valid defense
Consent: This is if the victim gave consent to the pushing, such as during a sporting event or sexual contact
False accusations: The accused can produce evidence that the allegations made are out of revenge or spite
Lack of proof: Lack of sufficient supporting evidence can make the allegations insufficient for conviction
Defense of others: This is when the accused uses reasonable force to defend another person from injury or harm
Resolution through civil agreement: The victim can decide to dismiss the assault charges if they’re compensated in a civil agreement

Is Pushing Someone Assault? Secure Representation of Fairfax Lawyers to Defend Your Case

Facing assault charges in Virginia can be a frightening prospect. Is pushing someone assault? Yes, this is considered assault and has severe implications under the Virginia assault laws.

The Fairfax violent crime lawyers of Kearney, Freeman, Fogarty & Joshi, PLLC, have decades of experience defending those accused of assault and protecting their rights. We understand the severity of assault charges and thus work tirelessly to ensure you get a fair hearing from the judge or jury.

Is Pushing Someone Assault in Virginia? Find Out Here!