Lawyers Prince William Virginia: Virginia Simple Assault Lawyers Prince William Malicious Intent

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.

Sylvester 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:

In a prosecution for malicious assault, the trial court instructed the jury that if they believed that the accused, "before the officer was out of shooting distance," shot "in such manner and under such circumstances as would naturally lead the officer to believe that the pistol was being shot at him and with intent to terrify the officer, they should find him guilty of simple assault, notwithstanding the accused had no intention to strike him." There was no conflict in the evidence that the officer was in fact put in fear or apprehension, though there was some conflict as to whether his fear or apprehension was well founded, but that question was properly submitted to the jury and there was ample evidence to sustain a finding that it was well founded.

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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