"Simple assault" is how most people describe the misdemeanor version of Virginia's assault and battery statute, Virginia Code § 18.2-57 — the charge that follows a shove, a swing that missed, or a heated moment that turned physical. It is a Class 1 misdemeanor, carrying up to 12 months in jail and a fine up to $2,500. One of the first questions I hear after one of these arrests in Fairfax is whether the other person can just drop it. I'm Sheryl Shane, I've practiced criminal defense for more than 31 years, and the answer is more useful than most people expect.
What Counts as Simple Assault in Virginia
Assault and battery are two different things that travel under one statute:
- Assault is an overt act intended either to inflict bodily harm on someone with the present ability to do it, or to place them in reasonable fear of bodily harm. No touching is required — a swing that misses can be enough.
- Battery is a willful touching of another person, without justification or excuse, done in anger, rudeness, or insult. No injury is required.
The same conduct becomes a more serious charge when the other person is a law-enforcement officer or other protected personnel, when the victim was chosen because of a protected characteristic, or when the other person is a family or household member, which is charged separately as domestic assault under § 18.2-57.2. Those enhancements, and the defenses that win these cases, are covered on my assault and battery page.
Can the Other Person Drop a Simple Assault Charge?
Usually the honest answer is that the complaining witness doesn't control the case — the Commonwealth does. But Virginia has a long-standing exception that surprises most people. Under Virginia Code § 19.2-151, called accord and satisfaction, the court can dismiss a charge of assault and battery or another misdemeanor for which there is a remedy by civil action — in plain terms, a misdemeanor where the injured person could also sue. If the injured person appears before the court and acknowledges in writing that he or she has received satisfaction for the injury, the court may dismiss the prosecution, upon the defendant's payment of court costs.
Three details matter:
- The injured person appears before the court. The acknowledgment is made to the court where the case is pending — it is not a private side agreement.
- The judge decides. The statute says the court "may" dismiss, and the Supreme Court of Virginia has held that the dismissal rests in the judge's discretion. Satisfaction opens the door; it doesn't guarantee the result.
- It isn't limited to assault. The Supreme Court of Virginia has held that "other misdemeanor" is not confined to offenses like assault and battery. What matters is that the misdemeanor also involves a civil wrong to the person who was injured.
When Accord and Satisfaction Is Not Available
The statute closes this route if the offense was committed:
- by or upon a law-enforcement officer;
- riotously, in violation of §§ 18.2-404 through 18.2-407;
- against a family or household member in violation of § 18.2-57.2, the domestic assault statute; or
- with intent to commit a felony.
The family-member exclusion is the one people run into most often. If the charge is domestic assault and battery, this route is closed — whether that kind of case can end early is a different question, covered in Can Domestic Violence Charges Be Dropped in Virginia? And because the statute reaches only misdemeanors, a felony charge cannot be resolved this way.
How It Works in Practice
Virginia's courts have long favored settling minor misdemeanors that involve no great offense against the public, and a settlement made within this statute is not the crime of compounding an offense. But how it's handled matters:
- Go through counsel. If your bond conditions bar contact with the complaining witness, reaching out yourself can violate them — and anything that looks like pressure can create a new and more serious problem. The conversation about compensation belongs with your lawyer.
- Tie the compensation to the real injury. Medical bills, damaged property, lost time from work — the satisfaction should answer an actual civil injury, and the written acknowledgment should say it was received.
- Never shortcut the paperwork. In Moreno v. Commonwealth (2015), the Court of Appeals of Virginia held that a forged accord-and-satisfaction letter presented to a General District Court to get an assault case dismissed was a public record — turning a misdemeanor case into a far more serious forgery case.
Why It Matters
A dismissal under § 19.2-151 ends the prosecution without a conviction. For a federal employee, a contractor with a clearance, a nurse or teacher, or anyone who isn't a U.S. citizen, that difference can matter more than any sentence would have. A dismissed charge may also be eligible for expungement under Virginia law.
It isn't the right answer in every case. When an accusation is false, the better path may be a defense at trial, and that choice needs to be weighed early.
Frequently Asked Questions
Is simple assault a misdemeanor in Virginia?
Yes. Simple assault or assault and battery under Virginia Code § 18.2-57 is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine up to $2,500. It becomes a felony in certain situations, such as when the alleged victim is a law-enforcement officer engaged in official duties.
Can the victim drop a simple assault charge in Virginia?
Not on their own — the Commonwealth prosecutes the case. But for many misdemeanor assault and battery charges, Virginia Code § 19.2-151 allows the court to dismiss the case if the injured person appears before the court and acknowledges in writing that he or she has received satisfaction for the injury, and the defendant pays the court costs.
Does accord and satisfaction work for domestic assault?
No. The statute excludes assault and battery against a family or household member under § 18.2-57.2, along with offenses by or upon a law-enforcement officer, riotous offenses, and offenses committed with intent to commit a felony.
Does the judge have to dismiss the case?
No. Even when the injured person acknowledges satisfaction, the statute says the court may dismiss, and the decision rests in the judge's discretion.
Charged With Simple Assault in Fairfax? Call Today
Whether accord and satisfaction fits your case depends on the charge, the facts, and how the first conversations are handled. Call (703) 582-8119 for a free, confidential consultation. Virginia Criminal Attorney, 4015 Chain Bridge Road, Fairfax, VA 22030 — minutes from the Fairfax County Courthouse.
Statutes discussed in this post are current through the 2026 Special Session I of the Virginia General Assembly. This post is general information about Virginia law, not legal advice about your case.
