Friday, April 25, 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.

Davis v. Commonwealth

Facts:

After a jury in the Circuit Court of Loudoun (Virginia) convicted appellant juvenile of brandishing a firearm, in violation of Va. Code Ann. § 18.2-282, and simple assault, in violation of Va. Code Ann. § 18.2-57, the juvenile appealed.

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 crime of assault is defined at common law as an attempt or offer, with force and violence, to do some bodily hurt to another, whether from wantonness or malice, by means calculated to produce the end if carried into execution; as by leveling a gun at another within a distance from which, supposing it to be loaded, the contents might injure, or any similar act accompanied with circumstances denoting an intention coupled with a present ability, of using actual violence against the person of another.
  • Two or more distinct and separate offenses may grow out of a single incident or occurrence, warranting the prosecution and punishment of an offender for each. For double jeopardy purposes, a test of the identity of acts or offenses is whether the same evidence is required to sustain them; if not, then the fact that several charges relate to and grow out of one transaction or occurrence does not make a single act or offense where two separate acts or offenses are defined by statute.
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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