Monday, September 15, 2014
Virginia Assault Lawyers Prince William Punishment Felony
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.
Carl v. Commonwealth
Facts:
Defendant a
resident of Prince William was a special police officer at the scene of an
accident, when he engaged in an argument with the victim, an automobile repair
shop owner, with whom there had been some bad blood for several years. There
was evidence that defendant shot the victim in the leg as the victim advanced
upon him and threatened him. A jury returned a verdict that found defendant
guilty of "unjestiful assault" and fixed his punishment at two years
in the penitentiary.
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:
- The Supreme Court of
Virginia will go far in sustaining the trial court judges when they
undertake to reform defective verdicts in the presence of the jury and
before they are discharged. It is their duty to do so as to matters of
form. It is also clearly their duty to see that the jury is not discharged
upon the return of an illegal verdict. In such event they should be
properly instructed and not discharged (except for some other good reason)
until they have found and returned a legal verdict upon which the
appropriate judgment can be based. The supreme court will also go far in
the disregard of defects in verdicts which have been accepted by the trial
courts, but from which, notwithstanding such defects, the real finding of
the jury may be determined, though it may not be accurately couched in the
technical language of the law. It is always necessary, however, before a
judgment can be entered upon a verdict, that it appear just what the jury
found or intended to find.
- The court found that the
two clauses of the verdict could not be reconciled. It determined that the
evidence and the language the jury used indicated that it found defendant
guilty of a misdemeanor assault, but sentenced him for a felony.
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.
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Virginia Simple Assault Lawyers In Virginia, simple assault is a criminal offense punishable under Va. Code Ann. § 18.2-57 and is punis...
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