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:

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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