Thursday, March 20, 2014
Virginia Simple Assault Lawyers Prince William Violation Code 18.2-57
Virginia Simple
Assault Lawyers
In Virginia,
simple assault is a criminal offense punishable under Va. Code Ann. § 18.2-57
and is punishable as a Class 1 misdemeanor
Below is a sample
case of simple assault in Virginia as interpreted by a lawyer in our firm.
Have you been charged
with simple assault in Virginia and need a lawyer to defend you?
Are you concerned
about the consequences of being charged with simple assault in Virginia?
Under Va. Code
Ann. § 18.2-57,
"A. Any
person who commits a simple assault or assault and battery is guilty of a Class
1 misdemeanor, and if the person intentionally selects the person against whom
a simple assault is committed because of his race, religious conviction, color
or national origin, the penalty upon conviction shall include a term of
confinement of at least six months, 30 days of which shall be a mandatory
minimum term of confinement…."
For a lot of our
clients, simple assault can result in the loss of their job, their security
clearance or even their immigration status.
Don’t risk going
to court without a lawyer, if you have been charged with simple assault in
Virginia. Contact our law firm for help
and speak with a lawyer today.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Our law firm has
the necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Gerald v. Commonwealth
Facts:
After a jury in
the Circuit Court of Prince William (Virginia) convicted appellant juvenile of
brandishing a firearm, in violation of Va. Code Ann. § 18.2-282, and simple
assault, in violation of Va. Code Ann. § 18.2-57, the juvenile appealed.
If you are facing
a criminal case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Virginia
Court made the following holding:
- The constitutional
prohibition of double jeopardy consists of three separate guarantees: (1)
it protects against a second prosecution for the same offense after
acquittal; (2) it protects against a second prosecution for the same
offense after conviction; and (3) it protects against multiple punishments
for the same offense. In a simultaneous prosecution, the role of the Double
Jeopardy Clause is limited to assuring that the court does not exceed its
legislative authorization by imposing multiple punishments for the same
offense. Under the first guarantee, the Court of Appeals of Virginia must
determine whether an appellant's two convictions arose from the same
criminal act.
- The crime of assault is
defined at common law as an attempt or offer, with force and violence, to
do some bodily hurt to another, whether from wantonness or malice, by
means calculated to produce the end if carried into execution; as by
leveling a gun at another within a distance from which, supposing it to be
loaded, the contents might injure, or any similar act accompanied with
circumstances denoting an intention coupled with a present ability, of using
actual violence against the person of another.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Our law firm has
the necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
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