Wednesday, April 23, 2014

Virginia Simple Assault Lawyers Prince William Battery

8:50 AM | Posted by Unknown | Edit Post
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.

Frank v. Commonwealth

Facts:

Appellant, who contended that he intended only to shoot at the ground to keep his victim from hurting him, appealed his conviction by the Circuit Court of Prince William, Virginia, of unlawfully wounding his victim, arguing that the trial court improperly refused his proffered instruction on the lesser-included offense of simple assault and battery

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 required element of both malicious and unlawful wounding is the intent to maim, disfigure, disable, or kill the victim. Va. Code Ann. § 18.2-51. An assault is any attempt or offer, with force or violence, to do some bodily hurt to another, whether from wantonness or malice, by means calculated to produce the end if carried into execution. Battery is the actual infliction of corporal hurt on another willfully or in anger. One cannot be convicted of assault and battery without an intention to do bodily harm, but an intent to maim, disfigure, disable, or kill is unnecessary to the offense.
  • The deliberate use of a deadly weapon supports an inference of an intent to maim, disfigure, disable, or kill. However, while such evidence will support, it does not compel, such an inference. The bare use of a deadly weapon, without attendant circumstances suggesting an intent to maim, disfigure, disable, or kill, is insufficient to prove that intent as a matter of law.
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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