Monday, March 17, 2014

Virginia Simple Assault Lawyers Loudoun 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.

Lawrence v. Commonwealth
Facts:

Defendant sought review of a decision of the Circuit Court of Loudoun (Virginia), which convicted her of assault and battery in violation of Va. Code Ann. § 18.2-57. On appeal, defendant alleged that the evidence was insufficient.

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:

  • Va. Code Ann. § 18.2-57 provides that any person who commits a simple assault or assault and battery shall be guilty of a Class 1 misdemeanor. Because § 18.2-57 does not define assault or battery, courts look to the common law definition of the terms.
  • The crime of assault and the crime of battery are independent criminal acts, although they are linked in Va. Code Ann. § 18.2-57. To sustain a conviction for assault, the Commonwealth must prove an attempt or offer, with force and violence, to do some bodily hurt to another. The attempt or offer to do bodily harm occurs when an assailant engages in an overt act intended to inflict bodily harm while he has the present ability to inflict such harm or the assailant engages in an overt act intended to place the victim in fear or apprehension of bodily harm and creates such reasonable fear or apprehension in the victim. Because assault requires an overt act, words alone are never sufficient to constitute an assault.
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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