Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor. Learn about the types of crimes involving physical harm or force applied to another person and the penalties for these crimes.Virginia Code 18.2-57 explains the law and punishment for a simple assault in the said state. The code relies on common law to define the meaning of assault. On Violence Against Women, U.S. Department of Justice. Simple assault and assault and battery are classified as Class 1 misdemeanors. The alleged sexual assault must have occurred within the Commonwealth of Virginia. Assault and Battery of a Family or Household Member is charged under Virginia Code §18.2-57.2. In other words, there can be criminal charges for attempted rape, even if the perpetrator ultimately fails to complete the act. Assault and Battery of a Family or Household Member is charged under Virginia Code §18.2-57.2.