Assault Lawyer in Lexington, Virginia — What Are Your Defense Options?
An assault charge in Lexington 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. provides defense for assault and battery charges at Lexington General District Court. Our assault lawyer Lexington team has documented results in the area. Contact us 24/7 for a consultation by appointment.
Virginia Assault and Battery Law
In Virginia, assault and battery are defined under Va. Code § 18.2-57. Assault is an attempt or offer to do bodily harm, coupled with the present ability to do so. Battery is the actual, willful, and unlawful touching of another. The statute covers simple assault, assault and battery, and aggravated forms based on the victim’s status (e.g., family/household member, law enforcement officer, teacher). The law is prosecuted in the locality where the alleged act occurred.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, see Va. Code § 18.2-57 (official Virginia General Assembly). Court information and procedures can be found at the Lexington General District Court website.
Handling an Assault Charge in Lexington Court
All misdemeanor assault cases begin at Lexington General District Court at 2 South Main Street. The Commonwealth’s Attorney prosecutes these cases. An early defense strategy is critical, as prosecutors often make initial plea offers based on police reports alone. You have an absolute right to a jury trial in Lexington Circuit Court for any charge carrying potential jail time.
- Initial Appearance: You will be arraigned, informed of the charge, and asked to enter a plea (guilty, not guilty, or no contest).
- Pre-Trial Motions: Your attorney may file motions to suppress evidence or dismiss the charge if procedural errors or lack of probable cause exist.
- Negotiation & Discovery: Your lawyer will review all evidence (witness statements, 911 calls, medical reports) and negotiate with the prosecutor for a reduction or dismissal.
- Trial or Disposition: If no agreement is reached, your case proceeds to a bench trial in General District Court or a jury trial in Circuit Court.
- Sentencing or Appeal: After a finding, the judge imposes sentence. You have the right to appeal a GDC conviction to Circuit Court for a new trial.
Penalties for Assault in Lexington
In Lexington, simple assault and battery is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine up to $2,500. Enhanced penalties apply for assaults on specific victims.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Simple Assault & Battery | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Criminal record, possible protective order |
| Assault & Battery of a Family/Household Member | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Mandatory minimum 30 days if prior conviction; protective order |
| Assault on Law Enforcement, etc. | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | Felony record, loss of firearm rights |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to each case. We have a documented record of achieving favorable outcomes for clients facing serious charges. Our approach is direct and focused on the specific details of your Lexington 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
Case Results
Our firm has a documented history of achieving positive results for clients. In Lexington, we have secured favorable outcomes across various practice areas. For example, our team has successfully negotiated for charges to be reduced or dismissed. In one case, a driving on a suspended charge was amended to a non-driving violation. Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions who personally amended Virginia’s equitable distribution statute.
Contact Our Lexington Assault Defense Lawyers
Our Richmond location serves clients with cases at the Lexington courts, accessible via I-64 and I-81. We are an assault and battery defense lawyer Lexington near Virginia Military Institute (VMI) and Washington and Lee University. We serve the Lexington community.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Assault Defense FAQs in Lexington
What is the penalty for assault in Lexington, Virginia?
A Class 1 misdemeanor assault in Lexington carries up to 12 months in jail and a $2,500 fine. Enhanced penalties apply for assaults on family members or law enforcement.
Can an assault charge be dismissed in Lexington?
It depends. An assault charge dismissed lawyer Lexington can seek dismissal if the evidence is weak, witnesses are unavailable, or your rights were violated. Successful completion of a first offender program or anger management may also lead to dismissal.
What is the difference between assault and battery in Virginia?
Assault is an attempt or threat to cause harm, while battery is the actual unlawful touching. They are often charged together under Va. Code § 18.2-57 and carry the same penalties.
Do I need a lawyer for a misdemeanor assault charge?
Yes. Even a misdemeanor conviction can result in jail time and creates a permanent criminal record that affects employment and housing. A lawyer can protect your rights and seek the best possible outcome.
What should I do if I am charged with assault?
Do not speak to police or prosecutors without an attorney. Contact an assault lawyer Lexington immediately. Preserve any evidence (texts, videos, witness info) and write down your account of events while details are fresh.
Internal Resources
For more information, visit our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Henrico County. If you are facing other charges, see our pages for DUI in Lexington or Family Law in Lexington.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.