Definition Simple Assault Virginia Laws Fairfax Richmond Beach Loudoun Prince William

Simple Assault Defense – Virginia Lawyers

There is one specific statute that provides the definition of simple assault. Virginia Code 18.2-57. First and foremost, it is a misdemeanor charge.

If you have been charged with simple assault in Virginia, contact our firm immediately for help.

We have client meeting locations in Fairfax, Richmond, Virginia Beach, Loudoun, Prince William, Fredericksburg & Lynchburg.

Definition Simple Assault Virginia Laws

Definition Simple Assault Virginia Laws

Definition Simple Assault Virginia Fairfax Attempted Criminal Burglary Lawyers

Stevenson v. Commonwealth

Facts:

Defendant was involved in an incident in which he was chased by police after a burglary and he threatened a police officer with a knife. Since the defendant’s act of threatened the police with knife was within the definition of attempted capital murder, accordingly the defendant was found guilty of attempted capital murder and was sentenced to 20 years imprisonment,. Defendant appealed his conviction on the ground that the trial court erred in refusing to instruct the jury on the elements of simple assault.

If you are facing a criminal case in Fairfax, 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:

  • A charge of attempted capital murder requires proof of both a specific intent to kill the victim and an overt but ineffectual act committed in furtherance of the criminal purpose according to the definition in the code. Criminal assault, however, is any attempt or offer with force or violence to do corporal hurt to another. It is a lesser included offense of attempted murder.
  • The jury is not required to accept, in toto, either the theory of the commonwealth or that of an accused. They have the right to reject that part of the evidence believed by them to be untrue and to accept that found by them to be true. In so doing, they have broad discretion in applying the law to the facts and in fixing the degree of guilt, if any, of a person charged with a crime. Consequently, if a proffered instruction finds any support in credible evidence, its refusal is reversible error.
  • The intent required to be proven in an attempted crime is the specific intent in the person’s mind. The specific intent in the person’s mind may, and often must, be inferred from that person’s conduct and statements.
Some of the courts we cover in Virginia:
Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 AMunicipal Center
Virginia Beach, VA 23456

If you have been charged with simple assault in Virginia, contact our firm immediately for help.

We have client meeting locations in Fairfax, Richmond, Virginia Beach, Loudoun, Prince William, Fredericksburg & Lynchburg.

We also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
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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.