Friday, March 21, 2014
Virginia Simple Assault Lawyers Prince William Malicious Evidence
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.
Kim v. Commonwealth
Facts:
Defendant in Prince
William was indicted for malicious assault with intent to kill and found guilty
of simple assault. On appeal, defendant challenged the jury instructions given
by the trial court. The court reversed and held that the instructions were
erroneous. Two instructions were asked for by the Commonwealth, despite the
trial judge's indication that both parties had requested them. Further, the
three instructions requested by defendant were unsigned and not otherwise made
a part of the record. The instruction given with which the verdict accorded was
manifestly and plainly wrong as to the punishment for assault. Because of those
errors, reversal of the judgment of the trial court was warranted.
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 jury is not required
to accept, in toto, either the theory of the commonwealth or that of an
accused. They have the right to reject that part of the evidence believed
by them to be untrue and to accept that found by them to be true. In so
doing, they have broad discretion in applying the law to the facts and in
fixing the degree of guilt, if any, of a person charged with a crime.
Consequently, if a proffered instruction finds any support in credible
evidence, its refusal is reversible error.
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.
Disclaimer:
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