Last reviewed November 3, 2026 by Kimberly Stover, The Law Office of Kimberly Stover, PLLC
In Virginia, a misdemeanor assault, including simple assault and battery and domestic assault and battery, must be prosecuted within one year under Va. Code § 19.2-8. Felony assaults such as malicious wounding, unlawful wounding and strangulation have no time limit in that statute, so they can be charged years later. The one-year limit does not protect someone who flees or hides to avoid arrest.
How long does the Commonwealth have to charge misdemeanor assault in Virginia?
One year. Va. Code § 19.2-8 says a prosecution for a misdemeanor “shall be commenced within one year next after there was cause therefor,” with a few exceptions that don’t involve assault (petit larceny, for example, has five years). Simple assault and assault and battery are Class 1 misdemeanors under Va. Code § 18.2-57(A), and assault and battery against a family or household member is a Class 1 misdemeanor under § 18.2-57.2(A). A Class 1 misdemeanor carries up to 12 months in jail and a fine of up to $2,500 (Va. Code § 18.2-11).
Is there a statute of limitations for felony assault in Virginia?
Section 19.2-8 sets time limits for misdemeanors and for a list of specific offenses. It sets no deadline for felony assaults, so a felony assault charge can be brought long after the event. How the main assault charges compare:
| Charge | Statute and class | Time limit to prosecute |
|---|---|---|
| Simple assault or assault and battery | § 18.2-57(A), Class 1 misdemeanor | One year (§ 19.2-8) |
| Assault and battery against a family or household member | § 18.2-57.2(A), Class 1 misdemeanor | One year (§ 19.2-8) |
| Domestic assault with two prior qualifying convictions within 20 years | § 18.2-57.2(B), Class 6 felony | None in § 19.2-8 |
| Strangulation | § 18.2-51.6, Class 6 felony | None in § 19.2-8 |
| Unlawful wounding | § 18.2-51, Class 6 felony | None in § 19.2-8 |
| Malicious wounding | § 18.2-51, Class 3 felony | None in § 19.2-8 |
That is why the charge matters as much as the date. An incident that would be a misdemeanor if charged as assault and battery can still be charged later if the facts support a felony such as strangulation. Our post on strangulation charges in Virginia explains that offense.
When does the one-year clock start for a misdemeanor assault?
The statute runs the year from the time “there was cause therefor,” which in an assault case is generally the date of the alleged incident. The limit applies to starting the prosecution, not to finishing it. A case charged within the year can be tried after the year is up.
There is one important exception. Under the last paragraph of § 19.2-8, the time limits don’t apply to “any person fleeing from justice or concealing himself within or without the Commonwealth to avoid arrest.” Whether a particular gap in time counts as fleeing or concealing depends on the facts, so it is worth having a lawyer look at the dates.
Does the one-year limit apply to domestic assault?
Yes, for a first or second domestic assault and battery charged as a misdemeanor under § 18.2-57.2(A). The felony version in § 18.2-57.2(B), which applies when the warrant or indictment alleges two prior convictions for listed offenses against a family or household member within 20 years, has no limit in § 19.2-8. For jail ranges and when the charge becomes a felony, see How Long Do You Go to Jail for Domestic Assault and Battery in Virginia?
Protective orders follow their own timelines, separate from the criminal case. See Can I Contact My Spouse After a Domestic Assault Arrest in Virginia?
Are the time limits different for sexual battery or offenses against minors?
Yes. Section 19.2-8 gives more time for certain misdemeanor sex offenses, including sexual battery under § 18.2-67.4, when the complaining witness was a minor at the time. Those cases may be brought up to one year after the complaining witness turns 18, or up to five years after that if the accused was an adult more than three years older. Our post on sexual battery in Virginia covers this rule.
Is a civil lawsuit for assault on a different clock?
Yes. A lawsuit for money damages is separate from the criminal case. Under Va. Code § 8.01-243(A), unless another statute provides otherwise, an action for personal injuries must be brought within two years after the cause of action accrues. The criminal one-year limit and the civil two-year limit run independently.
Where are assault cases heard in Northern Virginia?
A misdemeanor assault and battery between people who are not family or household members is typically tried in the General District Court for the city or county where it is alleged to have happened:
- Alexandria: Alexandria General District Court, 520 King Street, Alexandria
- Arlington: Arlington County General District Court, 1425 North Courthouse Road, Arlington
- Fairfax County: Fairfax County General District Court, 4110 Chain Bridge Road, Fairfax
- Loudoun: Loudoun County General District Court, 2 Church Street NE, Leesburg
- Prince William: Prince William County General District Court, 9311 Lee Avenue, Manassas
Domestic assault charges typically start in that locality’s Juvenile and Domestic Relations District Court. Felony assaults are tried in the circuit court after a preliminary hearing or indictment.
What should you do if you might be charged with an old assault?
- Write down the date of the incident and when you first heard about a complaint.
- Don’t contact the other person about the incident.
- Don’t answer police questions before talking to a lawyer. See Should I Call a Lawyer Before Talking to Police?
- Keep texts, emails, photos and other records from around that date.
Frequently asked questions
One year. Va. Code § 19.2-8 requires a misdemeanor prosecution, including simple assault and battery under § 18.2-57 and domestic assault and battery under § 18.2-57.2(A), to be commenced within one year.
Section 19.2-8 sets no deadline for felony assaults such as malicious wounding (§ 18.2-51), unlawful wounding (§ 18.2-51) and strangulation (§ 18.2-51.6), so they can be charged years later.
Possibly. Under § 19.2-8, the time limits don’t apply to a person fleeing from justice or concealing himself within or outside Virginia to avoid arrest. Whether that applies depends on the facts.
A civil action for personal injuries generally must be filed within two years after the cause of action accrues (Va. Code § 8.01-243(A)), unless another statute provides otherwise.
Facing an assault charge in Northern Virginia?
The Law Office of Kimberly Stover, PLLC defends assault and domestic assault charges in Alexandria, Arlington, Fairfax, Loudoun and Prince William. See our Alexandria assault defense page and our domestic assault pages for Fairfax, Arlington, Loudoun, Prince William and Alexandria.
About the author
Kimberly Stover is the founding attorney of The Law Office of Kimberly Stover, PLLC. A former public defender, she has more than 15 years of Virginia criminal defense experience and serves on the boards of the Virginia Association of Criminal Defense Lawyers (VACDL) and Justice Forward Virginia. She is a graduate of Georgetown University Law Center. Offices: 211 North Union Street, Suite 100, Alexandria, VA 22314, and 8280 Willow Oaks Corporate Drive, Suite 600, Fairfax, VA 22031. Full attorney profile · (571) 554-5977
Call (571) 554-5977 to talk with us about your case.
This post is general information about Virginia law, not legal advice.
