Vermont Assault Laws: Simple vs Aggravated Assault and Penalties

Vermont has no crime called battery. Its assault chapter, 13 V.S.A. chapter 19, uses one offense, simple assault, under 13 V.S.A. 1023, and it covers both attempted and completed injury as well as menacing: a person is guilty if he or she "attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another," "negligently causes bodily injury to another with a deadly weapon," or "attempts by physical menace to put another in fear of imminent serious bodily injury." Simple assault carries up to 1 year, which makes it a misdemeanor; aggravated assault (1024) and aggravated domestic assault (1043, 1044) are felonies. For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-14. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Vermont's assault offenses in 13 V.S.A. chapter 19 (sections 1021 to 1028, 1028a and 1041 to 1044), the felony definition in 13 V.S.A. 1, the habitual-criminal rule in 13 V.S.A. 11, and the civil filing periods in 12 V.S.A. 512, 522 and 551. It does not cover self-defense and justification (see Vermont self-defense laws), abuse prevention and other protective orders (see Vermont restraining order laws), sexual offenses, federal assault crimes (covered on the assault and battery hub) or local ordinances.

Assault vs. battery in Vermont

The assault sections of 13 V.S.A. chapter 19 do not use the word battery. What some states split into assault (a threat) and battery (a blow) is one offense in Vermont. Section 1023(a) reads:

"A person is guilty of simple assault if he or she: (1) attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or (2) negligently causes bodily injury to another with a deadly weapon; or (3) attempts by physical menace to put another in fear of imminent serious bodily injury."

Two features stand out. An attempt to cause bodily injury is itself simple assault, even if no one is hurt. And the menace branch requires fear of imminent serious bodily injury, not just any injury. The word battery survives in Vermont law in the civil limitations statute, which names "assault and battery" (see the civil section below).

Is assault a felony in Vermont?

Vermont's assault statutes do not assign lettered classes. Each states its own maximum, and 13 V.S.A. 1 draws the felony line: "Any other provision of law notwithstanding, any offense whose maximum term of imprisonment is more than two years, for life, or which may be punished by death is a felony. Any other offense is a misdemeanor."

Applying that rule to the assault chapter:

• Misdemeanors: simple assault (up to 1 year), domestic assault (up to 18 months), recklessly endangering another person (up to 1 year), assault with bodily fluids on a protected professional (up to 1 year), assault with bodily fluids in a correctional facility (up to 2 years) and disorderly conduct (up to 60 days, or 120 days for a later offense).
• Felonies: aggravated assault (up to 15 years or up to 5 years, depending on the subdivision), first degree aggravated domestic assault (up to 15 years) and second degree aggravated domestic assault (up to 5 years).

Habitual criminals (13 V.S.A. 11). A person who has been convicted three times of felonies or attempted felonies in Vermont, or of crimes elsewhere that would be felonies in Vermont, and then commits a felony other than murder in Vermont, "may be sentenced upon conviction of such fourth or subsequent offense to imprisonment up to and including life." That can apply to any of the felony assaults above.

Vermont assault offenses and penalties

These are the ranges for the offense itself; 13 V.S.A. 11 allows a longer sentence for some repeat felony convictions, described below.

The "Class" column applies the felony line in 13 V.S.A. 1 to each section's own maximum. These are maximums, not typical sentences. Section 1028(a), described below, adds extra prison time when the victim of a simple or aggravated assault is a protected professional.

Bodily injury, serious bodily injury and deadly weapons

Section 1021(a) defines these terms "As used in this chapter":

(1) "Bodily injury" means physical pain, illness, or any impairment of physical condition.

(2) "Serious bodily injury" means: (A) bodily injury that creates any of the following: (i) a substantial risk of death; (ii) a substantial loss or impairment of the function of any bodily member or organ; (iii) a substantial impairment of health; or (iv) substantial disfigurement; or (B) strangulation by intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.

(3) "Deadly weapon" means any firearm, or other weapon, device, instrument, material, or substance, whether animate or inanimate that in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.

Strangulation. Because strangulation by intentionally impeding normal breathing or blood circulation is itself serious bodily injury under 1021(a)(2)(B), it falls within the provisions that turn on serious bodily injury: aggravated assault under 1024(a)(1), which covers attempting to cause serious bodily injury or causing it under circumstances manifesting extreme indifference to human life, and first degree aggravated domestic assault under 1043(a)(1).

Aggravated assault in Vermont

Section 1024(a) lists five forms of aggravated assault. A person is guilty if the person:

"(1) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; (2) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; (3) for a purpose other than lawful medical or therapeutic treatment, the person intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to the other person without the other person's consent a drug, substance, or preparation capable of producing the intended harm; (4) with intent to prevent a law enforcement officer from performing a lawful duty, the person causes physical injury to any person; or (5) is armed with a deadly weapon and threatens to use the deadly weapon on another person."

Subdivisions (1) and (2) carry up to 15 years or $10,000, or both (1024(b)). Subdivisions (3), (4) and (5) carry up to 5 years or $5,000, or both (1024(c)). Under 1024(d), subdivision (a)(5) does not apply to a threat made in listed defensive circumstances, including "the just and necessary defense of his or her own life" or the life of listed family members; for the general rules on justification, see Vermont self-defense laws.

Assaulting a police officer, health care worker or other protected professional

Vermont protects certain workers mainly through a sentence add-on rather than a separate assault offense. Under 13 V.S.A. 1028(a), a person convicted of a simple or aggravated assault against a protected professional "while the protected professional is performing a lawful duty, or with the intent to prevent the protected professional from performing his or her lawful duty, in addition to any other penalties imposed under sections 1023 and 1024 of this title," shall:

• for the first offense, "be imprisoned not more than one year"; and
• for the second and subsequent offenses, "be imprisoned not more than 10 years."

Section 1028(d)(1) defines a protected professional as "a law enforcement officer; a firefighter; a health care worker; an employee, contractor, or grantee of the Department for Children and Families; or any emergency medical personnel as defined in 24 V.S.A. § 2651(6)." A health care worker under 1028(d)(3) "means an employee of a health care facility or a licensed physician who is on the medical staff of a health care facility who provides direct care to patients or who is part of a team-response to a patient or visitor incident involving real or potential violence."

Bodily fluids. Section 1028(b) is a stand-alone offense: "No person shall intentionally cause blood, vomitus, excrement, mucus, saliva, semen, or urine to come in contact with a protected professional while the person is performing a lawful duty." It carries up to 1 year or $1,000, or both.

Under 1028(e), the section "shall not apply to an individual under 18 years of age residing in a residential rehabilitation facility."

Corrections employees (1028a). A simple or aggravated assault on a Department of Corrections employee whose duties include supervising or monitoring people on parole, probation or serving a sentence, and who was performing a lawful duty, adds up to 1 year for a first offense and up to 10 years for a later one, on top of the penalties in sections 1023 and 1024. Intentionally causing listed bodily fluids to contact a person lawfully present in a correctional facility, or a facility employee acting in the scope of employment, is a separate offense carrying up to 2 years or $1,000, or both, unless that presence or employment requires the contact. A sentence under 1028a is served consecutively with any other sentence.

Law enforcement officers have a second layer: under 1024(a)(4), causing physical injury to any person "with intent to prevent a law enforcement officer from performing a lawful duty" is aggravated assault, up to 5 years.

Domestic assault in Vermont

Vermont has its own domestic assault offenses in 13 V.S.A. 1041 to 1044. Under 1041, "family or household members" means "persons who are eligible for relief from abuse under 15 V.S.A. chapter 21."

Domestic assault (1042). "Any person who attempts to cause or willfully or recklessly causes bodily injury to a family or household member or willfully causes a family or household member to fear imminent serious bodily injury shall be imprisoned not more than 18 months or fined not more than $5,000.00, or both."

First degree aggravated domestic assault (1043). A person commits this crime if the person "(1) attempts to cause or willfully or recklessly causes serious bodily injury to a family or household member; or (2) uses, attempts to use, or is armed with a deadly weapon and threatens to use the deadly weapon on a family or household member; or (3) commits the crime of domestic assault and has been previously convicted of aggravated domestic assault." The penalty is up to 15 years or $25,000, or both, and under 1043(c) the conduct "shall be considered a violent act for the purpose of determining bail."

Second degree aggravated domestic assault (1044). This applies when a person commits domestic assault and the conduct violates "specific conditions of a criminal court order in effect at the time of the offense imposed to protect that other person," "a final abuse prevention order issued under 15 V.S.A. § 1103 or a similar order issued in another jurisdiction," a final order against stalking or sexual assault, or a final order against abuse of a vulnerable adult. It also applies when a person commits domestic assault and "has a prior conviction within the last 10 years for violating an abuse prevention order issued under section 1030 of this title," or "has a prior conviction for domestic assault under section 1042 of this title" or a similar out-of-state conviction. The penalty is up to 5 years or $10,000, or both.

Federal law adds a firearm consequence: under 18 U.S.C. 922(g)(9), a person "convicted in any court of a misdemeanor crime of domestic violence" may not ship, transport, possess or receive firearms or ammunition in or affecting commerce. The assault and battery hub covers the federal layer. Abuse prevention orders are covered in Vermont restraining order laws.

Recent changes to Vermont assault law

The Legislature's compilation of acts affecting the statutes for the 2025-2026 session lists one change in the assault chapter: Act 51 of 2025, effective June 9, 2025, amended disorderly conduct (1026), in its language on disrupting meetings rather than the fighting provision quoted in the table. The Legislature notes that the compilation "may not reflect all amendments to the Vermont Statutes Annotated." The core assault sections were last amended earlier: the definitions in 1021 and the protected-professional section 1028 in 2015 (Act 162), second degree aggravated domestic assault (1044) in 2019 (Act 7) and aggravated assault (1024) in 2013 (Act 96).

Civil lawsuits for assault and battery

A criminal prosecution and a civil lawsuit for damages are separate cases. Vermont's limitations statute names this claim directly. Under 12 V.S.A. 512, "Actions for the following causes shall be commenced within three years after the cause of action accrues, and not after: (1) assault and battery." The same section separately covers "injuries to the person suffered by the act or default of another person," "except as otherwise provided in this chapter," with accrual at "the date of the discovery of the injury." Other sections can apply in particular cases. If the injured person was a minor, lacked capacity due to a mental condition, or was imprisoned when the claim arose, 12 V.S.A. 551 lets the three years run after that disability is removed, and 12 V.S.A. 522 allows a claim for childhood physical abuse (an act, other than an attempt, against someone under 18 that would have been aggravated assault) or childhood sexual abuse to be brought at any time. See the Vermont statute of limitations guide.

Related legal issues

• Self-defense. Whether force was justified is a separate body of law; see Vermont self-defense laws.
• Abuse prevention orders. See Vermont restraining order laws.
• Clearing a record. Whether an assault conviction can be expunged or sealed is covered in Vermont expungement laws.

Related pages

• Assault and battery laws by state
• Vermont self-defense laws
• Vermont restraining order laws
• Vermont expungement laws
• Vermont statute of limitations
• New Hampshire assault and battery laws

This article provides general legal information about Vermont assault law, not legal advice. Laws change, and how they apply depends on the facts. For advice about a specific situation, contact a lawyer licensed in Vermont.

Last updated: 2026-10-14.

Frequently Asked Questions

Does Vermont have a battery law?

No. Vermont's assault chapter, 13 V.S.A. chapter 19, has no offense called battery. Causing or attempting to cause bodily injury is simple assault under 1023, and the serious forms are aggravated assault (1024) and aggravated domestic assault (1043, 1044).

Is assault a felony in Vermont?

Simple assault is not: its maximum is 1 year, and 13 V.S.A. 1 makes an offense a felony only if its maximum term is more than two years. Aggravated assault (up to 15 or 5 years) and first and second degree aggravated domestic assault (up to 15 or 5 years) are felonies; under 13 V.S.A. 11, a fourth or later felony conviction can bring up to life.

What is the penalty for simple assault in Vermont?

Under 13 V.S.A. 1023(b), up to 1 year in prison or a fine of up to $1,000, or both. If the assault was committed in a fight or scuffle entered into by mutual consent, the maximum is 60 days or $500, or both.

Is threatening someone assault in Vermont?

It can be. Simple assault under 1023(a)(3) includes attempting by physical menace to put another in fear of imminent serious bodily injury. Being armed with a deadly weapon and threatening to use it on another person is aggravated assault under 1024(a)(5), up to 5 years, subject to the exceptions in 1024(d).

What happens if you assault a police officer in Vermont?

A conviction for simple or aggravated assault against a law enforcement officer performing a lawful duty, or to prevent that duty, carries up to 1 extra year for a first offense and up to 10 extra years for a second or later offense (13 V.S.A. 1028(a)). Separately, causing physical injury to any person with intent to prevent an officer's lawful duty is aggravated assault, up to 5 years (1024(a)(4)).

Is assaulting a nurse a crime in Vermont?

Health care workers are protected professionals under 13 V.S.A. 1028 if they are employees of a health care facility, or licensed physicians on its medical staff, who provide direct care to patients or are part of a team-response to a patient or visitor incident involving real or potential violence. An assault conviction against one performing a lawful duty adds up to 1 year (first offense) or 10 years (later offenses).

Is spitting on someone a crime in Vermont?

Intentionally causing saliva or other listed bodily fluids to come in contact with a protected professional while the professional is performing a lawful duty is a crime under 13 V.S.A. 1028(b), punishable by up to 1 year or $1,000, or both.

Is strangulation a felony in Vermont?

Vermont defines serious bodily injury to include strangulation by intentionally impeding normal breathing or blood circulation (1021(a)(2)(B)). Attempting to cause serious bodily injury is aggravated assault, up to 15 years (1024(a)(1)), and attempting or willfully or recklessly causing it to a family or household member is first degree aggravated domestic assault, up to 15 years (1043).

How long do you have to sue for assault and battery in Vermont?

Under 12 V.S.A. 512(1), an action for assault and battery must be commenced within three years after the cause of action accrues. If the injured person was a minor, lacked capacity due to a mental condition, or was imprisoned at that time, the period runs after the disability is removed (12 V.S.A. 551), and a claim for childhood physical abuse that would have been aggravated assault, or childhood sexual abuse, may be brought at any time (12 V.S.A. 522).