Friday, March 28, 2014

Virginia Simple Assault Lawyers Prince William Felony Warrants

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.

Thomas v. Commonwealth

Facts:

Defendants appeared before a court for a preliminary hearing on felony warrants charging them with assault with intent to maim, disable, disfigure, or kill a victim in Prince William. The court convicted each defendant of the misdemeanor of simple assault. Defendants paid the fines, and their convictions became final. Soon thereafter, a grand jury of the trial court returned felony indictments against defendants for malicious wounding with intent to maim, disfigure, disable or kill the same victim. The trial court denied defendants' motions to quash the felony indictments and found defendants guilty as charged. Defendants sought review. The issue was whether the felony prosecutions were barred, upon the principles of double jeopardy, by the earlier misdemeanor convictions. On appeal, the court held that the double jeopardy clauses of the U.S. and Virginia Constitutions barred prosecution of a criminal charge against an accused already convicted of an identical or lesser-included offense. Offenses were identical if the facts required to convict of one would necessarily convict of the other. The trial court erred in overruling defendants' motions to quash the felony indictments.

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:

  • A conviction of simple assault does not bar a later prosecution for murder resulting from the assault, where the death of the victim intervenes the two prosecutions. The doctrine, recognized in double jeopardy decisions, of "separate and distinct offenses" permits prosecution of two or more offenses growing out of the same transaction if the offenses are severable and distinct.
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:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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