Wednesday, October 29, 2014

Virginia Assault Lawyers Prince William Battery Malicious Wounding

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.

Roland v. Commonwealth

Facts:

In a confrontation between two groups in Prince William, defendant and others beat the victim. Defendant said his actions were motivated by self-defense. At trial, his request for a lesser-included offense instruction on assault and battery by a mob was denied.

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:

  • For a conviction under Va. Code Ann. § 18.2-42, assault and battery by a mob, the Commonwealth must prove that (1) a mob was formed in which the defendant was a part, and (2) the mob committed simple assault or battery. An assault is any attempt, 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.
  • The requisite intent under Va. Code Ann. § 18.2-41, prohibiting malicious wounding by a mob, to maliciously maim, disable, disfigure or kill is the only difference between that offense and assault and battery by a mob, in violation of Va. Code Ann. § 18.2-42. One cannot be found to have a malicious intent to maim, disable, disfigure or kill without also having an intent to do bodily harm, as is required for assault and battery by a mob. Therefore, assault and battery by a mob is a lesser-included offense of malicious wounding by a mob as all of the elements of the former are also elements of the latter, which is the greater offense.

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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