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Battery penalties may depend on occupation of victim

If tensions break out into a barroom brawl, defendants may face simple disorderly conduct charges or they could face assault and battery charges, depending on the severity of the case. Even popular female rap artist, Cardi B, was recently charged with assault and endangerment after getting into a fight at a club.

In Virginia, knowing the occupation of the person you assault could cause heightened penalties in an assault or battery case.

Public or private elementary or secondary school employees

Individuals who knowingly commit battery against a full- or part-time public or private elementary or secondary school employee while the employee is working may face Class 1 misdemeanor charges.

This violation is punishable by two to 15 days in jail. However, if the offense involves a weapon that is prohibited on school property, the minimum jail time is extended to 6 months.

Health care providers

Individuals who knowingly commit battery against a health care provider while the provider is working in a hospital or an emergency medical care premises may face Class 1 misdemeanor charges. This violation is punishable by two to 15 days in jail.

Law enforcement/judge/civil officer/fire fighter

If you are aware that another individual is a law enforcement officer, judge, civil officer, correctional officer, emergency medical service personnel or volunteer firefighter, committing assault or assault and battery against this person while they are performing public duties may result in a Class 6 felony charge. This violation is punishable by at least six months imprisonment.

If you are facing assault and/or battery charges, an attorney may be able to help you negotiate the outcome of your case in your favor. Avoiding jail time and criminal charges can save you time and money while keeping your employment and housing opportunities open.

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Ronald E. Smith, P.C.

criminal defense & Social security disability law

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