What is the difference between domestic assault and battery and regular assault and battery?
Both domestic assault and battery and ordinary assault and battery (see VA Code 18.2-57) criminalize the same violent behavior; the only difference is whether the victim falls into the category of “family or household member.” Both crimes are first degree misdemeanors with a possible sentence of up to 12 months in jail. However, when a person has been convicted twice before within the past 20 years of domestic assault and battery or one of a few other domestic violence crimes, the third conviction is a class 6 felony and carries a possible sentence of 1-5 years. A third conviction of ordinary assault and battery carries no such increase.
