Friday, April 4, 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.
Peter v. Commonwealth
Facts:
Defendant in
Loudoun was
charged with simple assault after he shot a pistol at a police officer. The
jury was instructed that defendant was guilty of simple assault in violation of
Va. code § 18.2-57 if the officer, while he was still in shooting distance,
believed that the pistol was being shot at him and with intent to terrify him,
even though defendant had no intention to strike him. The jury returned a
guilty verdict. The trial court entered a judgment on the verdict. Defendant
sued out a writ of error. The court initially reversed the trial court's
judgment. Thereafter, it granted the Commonwealth's motion for a rehearing and
affirmed the trial court's judgment. The court stated that it had the authority
to grant the Commonwealth a rehearing because its motion was premised on an
error that the trial court's clerk had made in the record. The corrected record
contained ample evidence to sustain the jury's finding that the officer's fear
or apprehension of bodily harm was well founded. The court also stated that a
victim did not have to be put in actual peril. Rather, a well founded fear was
sufficient. Moreover, the assailant did not have to intend to strike the
victim. Therefore, the jury was properly instructed.
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:
- It is sufficient to
constitute an assault that the party assailed is put in well founded fear
or apprehension of bodily harm, although the assailant has in fact no
intention to strike the party assailed and the latter is not in fact put
in actual peril. To render one guilty of
the offense of an assault, it is sufficient that the act done is with the
intent to put the party assailed in fear or apprehension of bodily harm,
and that by the act he is in fact put in well founded fear or apprehension
of such harm. There is no need for the assailed party to be put in actual
peril for there to be an assault, if only a well founded apprehension is
created. For this suffering is the same in the one case as in the other,
and the breach of the public peace is the same.
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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Loudoun | 703-278-0405 |
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