The Leiva Law Firm defends individuals charged with assault and battery in Fairfax County and throughout Northern Virginia. Manuel Leiva has tried criminal cases at every level of severity, from misdemeanor assault to murder, and handles every case personally.
5.0/5.0 Google Reviews | Northern Virginia Magazine Top Lawyer in Criminal Defense, 2021-2025 Virginia law treats “assault and battery” as a single criminal offense under Va. Code § 18.2-57. Assault is the threat or attempt to cause physical harm. Battery is the actual unwanted physical contact. The contact does not need to cause visible injury. Any intentional, unwanted touching can support the charge.
Simple assault and battery is a Class 1 misdemeanor, carrying up to 12 months in jail and/or a fine of up to $2,500. But Virginia law also includes multiple felony-level assault offenses with far more severe consequences, including malicious wounding, aggravated malicious wounding, and assault against protected individuals such as law enforcement officers, firefighters, and teachers.
The difference between a misdemeanor and a felony assault charge often comes down to the severity of the injury and the intent behind the act. If you are facing any assault-related charge in Fairfax, Arlington, Alexandria, Loudoun, or Prince William, the stakes are serious, and the defense strategy you choose at the outset shapes the outcome.
The court that handles your case depends on the charge and the circumstances. In Fairfax County, misdemeanor assault and battery cases are heard in the General District Court. If the charge involves a family or household member, the case begins in the Juvenile and Domestic Relations District Court. Felony assault charges, including malicious wounding and aggravated malicious wounding, begin with a preliminary hearing in the District Courts before being certified to the Fairfax County Circuit Court for trial.
Manuel Leiva has tried cases in every level of court in Fairfax County for over two decades. He has also tried cases in the courts of Arlington, Alexandria, Falls Church, Loudoun, Prince William, and Stafford, as well as the Eastern District Court of Virginia. That familiarity with the judges, prosecutors, and local court procedures across Northern Virginia is a practical advantage when building a defense and negotiating with the Commonwealth’s Attorney.
Manuel Leiva defends the full range of assault-related offenses in Virginia, from misdemeanor charges through the most serious felonies. Each charge carries different penalties and requires a different defense approach.
A Class 1 misdemeanor under Va. Code § 18.2-57. Up to 12 months in jail and/or a fine of up to $2,500.
Assault and battery against a law enforcement officer, firefighter, judge, teacher, or other protected individual elevates the charge to a Class 6 felony under Va. Code § 18.2-57(C), carrying 1 to 5 years in prison.
Intentional wounding with intent to maim, disfigure, disable, or kill under Va. Code § 18.2-51. A Class 3 felony carrying 5 to 20 years.
Malicious wounding that results in permanent and significant physical impairment under Va. Code § 18.2-51.2. A Class 2 felony carrying 20 years to life.
Wounding without malice, a lesser-included offense of malicious wounding. A Class 6 felony carrying 1 to 5 years in prison.
Assault and battery against a family or household member under Va. Code § 18.2-57.2. A third offense within 20 years is a Class 6 felony.
Assault and battery cases in Virginia turn on details: the circumstances of the contact, the credibility of witnesses, the handling of evidence by law enforcement, and how the prosecutor reads the intent element. The attorney you choose determines whether those details are exposed and used in your defense, or overlooked.
You call (703) 352-6400 or reach out through the website. Manuel Leiva's assistant collects the initial details of your situation so he can evaluate the case before calling you back.
Manuel Leiva calls you back personally, typically within hours. For serious charges, he schedules a one-hour consultation where he reviews the facts, explains the potential outcomes, and provides an honest assessment.
The firm requests and reviews discovery before the preliminary hearing, not after. That includes bodycam footage, dashcam footage, the criminal complaint, witness statements, and any other evidence. Pre-trial motions challenge improperly obtained evidence and lock in witness testimony.
If the plea offer is inadequate, the case goes to trial. The firm's approach to every case is the same: prepare as though it will be tried. That preparation creates leverage whether the case resolves through negotiation or in front of a jury.
Featured on NBC Dateline and Investigation Discovery (HBO Max).
High-profile case involving a former Afghan minister. National media coverage.
Manuel Leiva took the case over after a prior firm's trial ended in a hung jury leaning toward first-degree murder. He used a biomechanical engineer to reconstruct the shooting, securing three not-guilty verdicts.
RICO murder indictment dismissed before trial in federal court.
Criminal defense representation is provided on a flat fee basis, giving you cost certainty from the start. For serious felony assault charges, the firm offers a one-hour consultation for $300 to $400 where Manuel Leiva reviews the facts and provides an honest assessment of the charges and defense options. The firm accepts online payments.
In everyday language, “assault” and “battery” describe two different acts. Assault is the threat or attempt to cause bodily harm to another person. Battery is the actual unwanted physical contact. Virginia charges them together as “assault and battery” under Va. Code § 18.2-57. The Commonwealth does not need to prove that the contact caused visible injury. Any intentional, unauthorized physical touching can support the charge. The key elements are intent and lack of consent or legal justification.
Simple assault and battery is a Class 1 misdemeanor: up to 12 months in jail and/or a fine of up to $2,500. The consequences increase significantly for felony-level offenses. Assault on a law enforcement officer or other protected person is a Class 6 felony (1 to 5 years). Malicious wounding under Va. Code § 18.2-51 is a Class 3 felony (5 to 20 years). Aggravated malicious wounding under Va. Code § 18.2-51.2 is a Class 2 felony (20 years to life). Beyond the criminal penalties, a conviction can affect employment, security clearances, firearm rights, immigration status, and child custody.
Several circumstances elevate an assault charge from a misdemeanor to a felony. The alleged victim is a law enforcement officer, firefighter, judge, teacher, correctional officer, or other individual protected under Virginia Code. The accused used a weapon or caused serious bodily injury with intent to maim, disfigure, disable, or kill (malicious wounding). The accused has prior convictions for domestic assault and battery, and the current charge is a third offense within 20 years. The severity of the injury and the specific intent alleged by the prosecutor are the primary factors that determine the charge level.
Charges can be resolved in several ways. The prosecutor can seek a nolle prosequi (a formal request to the court to dismiss the charge). The charge can be amended to a lesser offense as part of a plea agreement. In some cases, the evidence itself supports dismissal: surveillance footage that contradicts the alleged victim’s account, witnesses who recant, self-defense, or police procedure that violated the accused person’s constitutional rights. In Virginia, the Commonwealth controls the prosecution. The alleged victim does not decide whether to “press charges” or “drop charges.” Once the Commonwealth has filed the charge, only the prosecutor can seek to have it dismissed, and the court must approve.
Exercise your right to remain silent. Do not discuss the incident with anyone other than your attorney. Do not contact the alleged victim, even if you believe you can resolve the situation. If a protective order is in place, comply with every condition without exception. Preserve any evidence that may support your defense: text messages, photos of injuries (or the lack of them), surveillance footage, and the names and contact information of witnesses. Contact an attorney as soon as possible. The earlier the firm can begin reviewing evidence and preparing the defense, the stronger the position at every stage of the case.
The Leiva Law Firm uses a flat fee structure for criminal defense. You pay one agreed-upon amount for the entire representation. For serious felony charges, the firm offers an in-depth consultation for $300 to $400, which includes a full hour with Manuel Leiva. During that hour, he reviews the facts, gives you an honest assessment, and explains the defense options. If you retain the firm after the consultation, a flat fee agreement is signed and representation begins.
The Leiva Law Firm represents individuals charged with assault and battery throughout Northern Virginia, including the following communities and jurisdictions.
If you or someone you know has been charged with assault and battery in Fairfax or anywhere in Northern Virginia, contact The Leiva Law Firm to discuss your case with Manuel Leiva directly.
LEIVA LAW FIRM
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+1 (703) 352-6400
+1 (703) 352-6400