Simple Domestic Assault State Code Virginia Lawyers Violation 18.2-57.2

Have you been charged with a simple domestic assault per the State Code of Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with a simple domestic assault per the State Code of Virginia?

For a lot of our clients, domestic assault can result in the loss of their job, their security clearance or even their immigration status.

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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.

Green v. Commonwealth

Facts:

Defendant sought review of a decision of the Circuit Court of Fairfax (Virginia State), which convicted him of assault and battery of a family or household member, third or subsequent offense, in violation of Va. Code Ann. § 18.2-57.2. On appeal, he contended that the evidence was insufficient for his domestic assault conviction and that the trial court erroneously disallowed the testimony of a witness he called..

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Simple Domestic Assault State Code Virginia Lawyers Violation 18.2-57.2

Simple Domestic Assault State Code Virginia Lawyers Violation 18.2-57.2

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 18.2-57.2 punishes as a Class 6 felony any act of simple assault or assault and battery against a family or household member where it is proved the defendant had two or more prior convictions for assault and battery of a family member within a period of 20 years. The statute does not alter the common law definition of assault and battery.
  • A common law assault occurs when an assailant engages in an overt act intended to inflict bodily harm and has the present ability to inflict such harm or engages in an overt act intended to place the victim in fear or apprehension of bodily harm and creates such reasonable fear or apprehension in the victim. Assault and battery is the least touching of another, willfully or in anger. A defendant does not have to intend to do harm; a battery may also be done in a spirit of rudeness or insult. The touching need not result in injury. A touching is not unlawful if the person consents or if the touching is justified or excused. An intentional touching which was not justified or excused is a battery.

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

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.