If you’re a teacher reading this because you were just served with an assault and battery charge, and the student who hit you is the one who filed it, you’re not alone, and you’re not crazy for feeling like something is deeply unfair here.

I’ve been seeing more of these cases. A student swings, a teacher blocks or restrains, and somehow the teacher ends up in a courtroom. Sometimes it’s a “he said, she said” problem. Sometimes the facts get misrepresented before anyone asks the teacher what actually happened.

It’s not just assault charges

Teachers can also face criminal negligence charges, and those cases often come down to a misunderstanding rather than real wrongdoing. In one case, a teacher was blamed after a child left school property during recess. What the charge didn’t reflect: the school was understaffed that day, and the teacher had never been given full information about the student’s special needs. Once the full picture came out, it was clear the incident wasn’t the result of the teacher’s negligence.

The law is more on your side than you might think

Virginia law recognizes that teachers sometimes have to put hands on a situation. Under Virginia Code § 18.2-57, “assault and battery” does not include reasonable physical contact by school employees to maintain order, break up a disturbance, defend themselves or others, or stop a student from hurting himself. The law even directs courts to give deference to the reasonable judgments teachers make in the moment.

But here’s the catch: that protection doesn’t stop you from being charged. It’s a defense you have to raise, and prove, in court. And an assault and battery charge in Virginia is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine.

The school’s attorney is not your attorney

Here’s what surprises most teachers: the school board’s attorney represents the school board. When you’re facing personal criminal charges, their lawyer isn’t in a position to defend you, even when they’d like to. You need someone whose only job is protecting your freedom, your record, and your career.

If this is happening to you right now

Don’t discuss the incident with colleagues, administrators, or on social media. Don’t sign any statement. Call a criminal defense attorney first, before you talk to investigators.

My firm’s mission is helping people pursue happiness by protecting their freedom, and teachers wrongly accused of hurting the students they serve are exactly who that mission is for. If you’re a teacher, coach, or school employee facing a charge like this, or you just want to understand your rights before something ever happens, reach out.

Contact Peters Law Firm, PLLC at (804) 572-8265 or visit our Criminal Defense practice page to learn how we handle teacher and school-employee defense in Henrico County.

This blog post is for general informational purposes only and does not constitute legal advice. Every case is different. Contact an attorney to discuss the specific facts of your situation.