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:
Email Us:
Our Phone #
Powered by Blogger.
Popular Posts
-
Virginia Simple Assault Lawyers In Virginia, simple assault is a criminal offense punishable under Va. Code Ann. § 18.2-57 and is punis...
-
Virginia Simple Assault Lawyers In Virginia, simple assault is a criminal offense punishable under Va. Code Ann. § 18.2-57 and is punis...
-
Virginia Simple Assault Lawyers In Virginia, simple assault is a criminal offense punishable under Va. Code Ann. § 18.2-57 and is punis...
-
Virginia Simple Assault Lawyers In Virginia, simple assault is a criminal offense punishable under Va. Code Ann. § 18.2-57 and is punis...
-
Virginia Simple Assault Lawyers In Virginia, simple assault is a criminal offense punishable under Va. Code Ann. § 18.2-57 and is punis...