Assault and battery charges are classified as Class I misdemeanors. The severity of the injuries and the alleged victims are factors used in determining whether an assault is a misdemeanor or felony.
There are other assaults which are characterized as felonious assaults, such as assault and battery of a law enforcement officer, malicious wounding, and unlawful wounding. There are specific elements which have to be met for each of these.
When It Comes To Felony Assault, Are Charges Based On The Severity Of The Injuries?
Yes, in Virginia law, there are different classifications of wounding to be considered in cases of felony assault. For example, one of these classifications is called aggravated malicious wounding. Aggravated malicious wounding specifically occurs when the victim is permanently and severely injured after the assault.
Are There Ever Charges Or Convictions That Are Removed Or Sealed From The Record?
In Virginia, if a person is convicted of a felony, it can only be removed from their record by an application of pardon or clemency to the governor. Otherwise, convictions cannot be removed from a criminal history. For first time drug possession, a person’s charge can be taken under advisement to be dismissed at a later date if the person performs a specific number of hours of community service and participates in drug education classes. The felony would remain on their record but will be recorded as dismissed. If a person is charged, but not convicted of a misdemeanor, the charge can usually be expunged from the record. There are exceptions to this rule, so each case should be reviewed individually.