Monday, August 18, 2014
Virginia Assault Lawyers Prince William Violation Code 18.2-57
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.
Robin v. Commonwealth
Facts:
Defendant
appealed from his two bench trial convictions from the Circuit Court of Prince
William (Virginia) for assaulting a police officer in violation of Va. Code
Ann. § 18.2-57(C). He contended the trial court erroneously convicted him of
assault and battery rather than assault, that a conviction for assault required
proof of a specific intent rather than recklessness, and that the evidence was
insufficient to prove the required intent.
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 court speaks only
through its orders. Where a defendant does not object to the accuracy of
an order within 21 days after its entry, an appellate court may presume
that the order, as the final pronouncement on the subject, rather than a
transcript that may be flawed by omissions, accurately reflects what
transpired.
- As defined by common
law, an assault occurs when the perpetrator either (1) attempts to commit
a battery or (2) puts another person in reasonable fear of receiving
bodily hurt.
- A battery is an unlawful
touching. The touching need not result in injury to be a battery. The
slightest touching of another, if done in a rude, insolent, or angry
manner, constitutes a battery. Thus, under the definition of an assault as
an attempted battery, an assault is (1) an intent to touch another, even
if only slightly and without causing any injury, if done rudely,
insolently or angrily, and (2) a direct, ineffectual act toward such a
touching. Under this definition, one may commit an assault even though the
victim is not aware of or frightened by any acts directed at him, provided
the perpetrator has the specific intent to commit a battery and commits an
overt act in furtherance of that intent.
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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