What Is A Misdemeanor To Elude In VA Lawyer Code 18.2-479

What Is A Misdemeanor To Elude In VA?

Are you concerned about the consequences of being charged with a eluding charge in Virginia?

Don’t risk going to court alone if you have been charged with an eluding charge in Virginia.  A misdemeanor in Virginia is a serious offense and carries with it a possibility of jail time.

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

Contact our law firm today to speak with a lawyer today about your Criminal Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Jim v. Commonwealth

Facts:

Defendant was charged when he tried to elude the police in Fairfax (Va.).  In this case the Defendant stated as to what resulted in his act to elude the troopers.  The trial court convicted defendant as charged and sentenced him to three years in prison, suspended. Defendant filed a petition for appeal. The Circuit Court of Appeals of Virginia denied the petition. The supreme court awarded defendant a limited appeal.

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

What Is A Misdemeanor To Elude In VA Lawyer Code 18.2-479

What Is A Misdemeanor To Elude In VA Lawyer Code 18.2-479

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 18.2-479(A) defines as a Class 1 misdemeanor escape while on a charge or conviction of a misdemeanor.
  • The improper modification of an assignment of error, however, will not prevent the appellant from arguing and having his appeal considered on the issue actually asserted in the trial court and for which an appeal was granted, provided that he has adequately briefed that issue.
  • An individual is in “custody,” as contemplated by Va. Code Ann. § 18.2-479, when a law enforcement officer has lawfully curtailed the individual’s freedom of movement to a degree associated with a formal arrest, even when a formal custodial arrest has not been effected. Applying an objective standard, the inquiry is whether the officer, with proper authority to do so, had by his words or use of physical force, curtailed the individual’s freedom of movement beyond that required for a temporary investigative detention.

Don’t risk going to court alone if you have been charged with an eluding charge in Virginia.  A misdemeanor in Virginia is a serious offense and carries with it a possibility of jail time.

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

Contact our law firm today to speak with a lawyer today about your Criminal Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

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.