Tuesday, September 16, 2014
Virginia Assault Lawyers Prince William Unlawful Battery
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.
Shaw v. Commonwealth
Facts:
After the
defendant, a prosecuting attorney, and the victim discussed a plea agreement,
the defendant asked the victim to accompany him to his office. When they
arrived, the defendant said he needed to search the victim for weapons. After
an initial pat-down, the defendant engaged in inappropriate touching of the
victim. At defendant's trial, after conclusion of the case-in-chief, the Prince
William court granted a motion to strike the charge of sexual battery and
amended the charge to simple assault.
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:
- An assault and battery
is an unlawful touching of another. It is not necessary that the touching
result in injury to the person. Whether a touching is a battery depends on
the intent of the actor, not on the force applied. For a touching to be a
crime, it must be unlawful. If the victim consents to the touching, the
touching is not unlawful and therefore not a battery. If the touching
exceeds the scope of the consent given, the touching is not consensual and
thus is unlawful. If consent is coerced or obtained by fraud, the touching
is unlawful. A touching may also be justified or excused. When it is, the
touching is not unlawful and therefore not a battery.
- Va. Code Ann. §
18.2-67.4 provides: A defendant commits sexual battery when he sexually
abuses a victim against the victim's will, by force, threat or
intimidation, or through the use of the complaining witness' mental
incapacity or physical helplessness
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:
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