Tag Archives: Simple Assault

Virginia Code Simple Assault Defined Lawyers Unlawful Arrest Fairfax Richmond Beach Loudoun Prince William

Concerned about how simple assault is defined by the Virginia Code - Call our Virginia Lawyers Who Defend Simple Assault Charges In Virginia.

If you are concerned about how simple assault is defined by the Virginia Code, contact our law firm immediately for help.

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

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.

James Wilson v. Commonwealth

Facts:

Defendant was arrested and charged with the felony offense of assault and battery on a law enforcement officer Fairfax Virginia.  The trial court found that the defendant’s arrest was improper and/or unlawful and the court defined that his resistance to that arrest did not constitute the specific crime of assault and battery of a law enforcement officer.  However, the defendant punched the officer in the face and that conduct constituted simple assault.  The trial Court found that the defendant guilty of the lesser offense of simple assault.

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

Virginia Code Simple Assault Defined Lawyers Unlawful Arrest

Virginia Code Simple Assault Defined Lawyers Unlawful Arrest

Holdings:

The Virginia Court made the following holding:
  • In order to sustain a conviction for assault and battery on a law enforcement officer, a felony, the Commonwealth of Virginia must prove that the officer was in the lawful course of his duties at the time of the assault.  Otherwise, a defendant is entitled to use reasonable force against an officer in order to defend himself against an unlawful arrest. The question of whether an arrest was lawful is a mixed question of law and fact.

If you are concerned about how simple assault is defined by the Virginia Code, contact our law firm immediately for help.

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

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

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

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.

We also cover the following courts in Virginia:

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 A Municipal Center
Virginia Beach, VA 23456

Article written by A Sris

Click to Chat

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.

 

Virginia Code 18.2-172 Lawyers Unlawful Writing Forge Violation Checks Fairfax Richmond Beach Loudoun Prince William

If you are concerned about the punishment for violating Virginia Code 18.2-272, call our law firm immediately for help.  A Virginia attorney from our firm will discuss Virginia Code 18.2-272.

Virginia Code 18.2-272 – Lawyers

If you have been charged with a criminal offense in Virginia, contact our law firm for help.

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.

Wellesley v. Commonwealth

Facts:

Defendant appealed a judgment by the Circuit Court of Richmond (Virginia) that convicted her of grand larceny and uttering a forged traveler’s check in violation of Va. Code Ann. §§ 18.2-95, 18.2-172; defendant claimed that the evidence was insufficient to prove that she had fraudulent intent and that she knew the traveler’s checks were forged or counterfeit when she endorsed or presented them for payment..

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

Virginia Code 18.2-172 Lawyers Unlawful Writing Forge Violation Checks

Virginia Code 18.2-172 Lawyers Unlawful Writing Forge Violation Checks

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 18.2-172 provides that it is unlawful to forge “any writing” or to utter such forged writing knowing it to be forged. “Forgery” is defined as the false making or materially altering with the intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability..

Virginia Code 18.2-272 – Lawyers

If you have been charged with a criminal offense in Virginia, contact our law firm for help.

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

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

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.

We also cover the following courts in Virginia:

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 A Municipal Center
Virginia Beach, VA 23456

Article written by A Sris

Click to Chat

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.

 

Virginia Second Offense Possession Of Marijuana Lawyers Violation Code 18.2-250 Fairfax Richmond Beach Loudoun Prince William

Have you been charged with a Second Offense Possession Of Marijuana in Virginia?

Are you concerned about the consequences of being charged with a Second Offense Possession Of Marijuana in Virginia?

For a lot of our clients, a Second Offense Possession Of Marijuana can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court alone if you have been charged with a Second Offense Possession Of Marijuana in Virginia.

If you have been charged with a criminal offense of a Second Offense Possession Of Marijuana in Virginia, contact our law firm for help.

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.

Scarton v. Commonwealth

Facts:

Defendant was charged with misdemeanor possession of marijuana, in violation of Va. Code Ann. § 18.2-250.1, and felony delivery of marijuana to a prisoner, in violation of Va. Code Ann. § 18.2-474.1, and he filed a motion to dismiss the charge, arguing that prosecution would violate his rights against double jeopardy.  Defendant contends that his conviction of the offense for possession of marijuana is a lesser-included offense of his second conviction for delivering marijuana to a prisoner.  The Circuit Court of Loudoun (Virginia) denied the motion, held a bench trial, and convicted defendant of the offense.  Defendant appealed.

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

Virginia Second Offense Possession Of Marijuana Lawyers Violation Code 18.2-250

Virginia Second Offense Possession Of Marijuana Lawyers Violation Code 18.2-250

Holdings:

The Virginia Court made the following holding:
  • Possession of marijuana is not a lesser-included offense of delivering marijuana to a prisoner, in violation of Va. Code Ann. § 18.2-474.1.
  • Where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not. A single act may be an offense against two statutes, and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other.

If you have been charged with a criminal offense of a Second Offense Possession Of Marijuana in Virginia, contact our law firm for help.

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

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

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.

We also cover the following courts in Virginia:

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 A Municipal Center
Virginia Beach, VA 23456

Article written by A Sris

Click to Chat

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.

 

Virginia Simple Assault Lawyers Violation Code 18.2-42 Fairfax Richmond Beach Loudoun Prince William

Have you been charged with a simple assault in Virginia?

Are you concerned about the consequences of being charged with a simple assault in Virginia?

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

Don’t risk going to court alone if you have been charged with a simple assault in Virginia.

If you have been charged with a criminal offense of a simple assault in Virginia, contact our law firm for help.

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.

Charles v. Commonwealth

Facts:

Defendant was convicted of participating in a criminal street gang in violation of Va. Code Ann. § 18.2-46.2 and three counts of assault and battery by a mob in violation of Va. Code Ann. § 18.2-42. He was sentenced to five years for the felony participating in a criminal street gang conviction and to a total of 24 months for the three misdemeanor assault and battery convictions. The Court of Appeals of Virginia affirmed. Defendant appealed.

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

Virginia Simple Assault Lawyers Violation Code 18.2-42

Virginia Simple Assault Lawyers Violation Code 18.2-42

Holdings:

The Virginia Court made the following holding:
  • The term “mob” is defined as any collection of people, assembled for the purpose and with the intention of committing an assault or a battery upon any person. Va. Code Ann. § 18.2-38. In order to sustain a conviction of assault or battery by mob under Va. Code Ann. § 18.2-42, the evidence must establish that the accused was a member of a mob and that the mob committed simple assault or battery. The statutory definition of a mob requires that the act of assembling be done for a specific purpose and with a specific intent – to commit an assault or a battery. The act of assembling with that specific purpose and intent distinguishes mob behavior from merely individual behavior while part of a group. However, the group need not have originally assembled with such purpose and intent in mind. Rather, it is possible that individuals who are lawfully assembled may become members of a “mob” without great deliberation. Whether a group of individuals becomes a “mob” depends upon the circumstances and no particular words or express agreements are required to effect a change in a group’s purpose or intentions.
  • Once an assembled group becomes a mob under Va. Code Ann. § 18.2-38, every person composing the mob becomes criminally culpable even though the member may not have actively encouraged, aided, or countenanced the act of assault or battery. Thus, criminal accountability flows from being a member of the mob, regardless of whether the member aids and abets in the assault and battery.

If you have been charged with a criminal offense of a simple assault in Virginia, contact our law firm for help.

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

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

Contact our law firm today to speak with a lawyer today about your simple assault 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.

We also cover the following courts in Virginia:

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 A Municipal Center
Virginia Beach, VA 23456

Article written by A Sris
Click to Chat

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.

 

Virginia Code Simple Assault Defined Lawyers Unlawful Arrest

Concerned about how simple assault is defined by the Virginia Code - Call our Virginia Lawyers Who Defend Simple Assault Charges In Virginia.

If you are concerned about how simple assault is defined by the Virginia Code, contact our law firm immediately for help.

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

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.

James Wilson v. Commonwealth

Facts:

Defendant was arrested and charged with the felony offense of assault and battery on a law enforcement officer Fairfax Virginia.  The trial court found that the defendant’s arrest was improper and/or unlawful and the court defined that his resistance to that arrest did not constitute the specific crime of assault and battery of a law enforcement officer.  However, the defendant punched the officer in the face and that conduct constituted simple assault.  The trial Court found that the defendant guilty of the lesser offense of simple assault.

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

Virginia Code Simple Assault Defined Lawyers Unlawful Arrest

Virginia Code Simple Assault Defined Lawyers Unlawful Arrest

Holdings:

The Virginia Court made the following holding:
  • In order to sustain a conviction for assault and battery on a law enforcement officer, a felony, the Commonwealth of Virginia must prove that the officer was in the lawful course of his duties at the time of the assault.  Otherwise, a defendant is entitled to use reasonable force against an officer in order to defend himself against an unlawful arrest. The question of whether an arrest was lawful is a mixed question of law and fact.

If you are concerned about how simple assault is defined by the Virginia Code, contact our law firm immediately for help.

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

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

Click to Chat

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.

 

Virginia Code 18.2-172 Lawyers Unlawful Writing Forge Violation Checks

If you are concerned about the punishment for violating Virginia Code 18.2-272, call our law firm immediately for help.  A Virginia attorney from our firm will discuss Virginia Code 18.2-272.

Virginia Code 18.2-272 – Lawyers

If you have been charged with a criminal offense in Virginia, contact our law firm for help.

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.

Wellesley v. Commonwealth

Facts:

Defendant appealed a judgment by the Circuit Court of Richmond (Virginia) that convicted her of grand larceny and uttering a forged traveler’s check in violation of Va. Code Ann. §§ 18.2-95, 18.2-172; defendant claimed that the evidence was insufficient to prove that she had fraudulent intent and that she knew the traveler’s checks were forged or counterfeit when she endorsed or presented them for payment..

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

Virginia Code 18.2-172 Lawyers Unlawful Writing Forge Violation Checks

Virginia Code 18.2-172 Lawyers Unlawful Writing Forge Violation Checks

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 18.2-172 provides that it is unlawful to forge “any writing” or to utter such forged writing knowing it to be forged. “Forgery” is defined as the false making or materially altering with the intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability..

Virginia Code 18.2-272 – Lawyers

If you have been charged with a criminal offense in Virginia, contact our law firm for help.

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

Click to Chat

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.

 

Virginia Second Offense Possession Of Marijuana Lawyers Violation Code 18.2-250

Have you been charged with a Second Offense Possession Of Marijuana in Virginia?

Are you concerned about the consequences of being charged with a Second Offense Possession Of Marijuana in Virginia?

For a lot of our clients, a Second Offense Possession Of Marijuana can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court alone if you have been charged with a Second Offense Possession Of Marijuana in Virginia.

If you have been charged with a criminal offense of a Second Offense Possession Of Marijuana in Virginia, contact our law firm for help.

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.

Scarton v. Commonwealth

Facts:

Defendant was charged with misdemeanor possession of marijuana, in violation of Va. Code Ann. § 18.2-250.1, and felony delivery of marijuana to a prisoner, in violation of Va. Code Ann. § 18.2-474.1, and he filed a motion to dismiss the charge, arguing that prosecution would violate his rights against double jeopardy.  Defendant contends that his conviction of the offense for possession of marijuana is a lesser-included offense of his second conviction for delivering marijuana to a prisoner.  The Circuit Court of Loudoun (Virginia) denied the motion, held a bench trial, and convicted defendant of the offense.  Defendant appealed.

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

Virginia Second Offense Possession Of Marijuana Lawyers Violation Code 18.2-250

Virginia Second Offense Possession Of Marijuana Lawyers Violation Code 18.2-250

Holdings:

The Virginia Court made the following holding:
  • Possession of marijuana is not a lesser-included offense of delivering marijuana to a prisoner, in violation of Va. Code Ann. § 18.2-474.1.
  • Where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not. A single act may be an offense against two statutes, and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other.

If you have been charged with a criminal offense of a Second Offense Possession Of Marijuana in Virginia, contact our law firm for help.

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

Click to Chat

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.

 

Virginia Simple Assault Lawyers Violation Code 18.2-42

Have you been charged with a simple assault in Virginia?

Are you concerned about the consequences of being charged with a simple assault in Virginia?

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

Don’t risk going to court alone if you have been charged with a simple assault in Virginia.

If you have been charged with a criminal offense of a simple assault in Virginia, contact our law firm for help.

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.

Charles v. Commonwealth

Facts:

Defendant was convicted of participating in a criminal street gang in violation of Va. Code Ann. § 18.2-46.2 and three counts of assault and battery by a mob in violation of Va. Code Ann. § 18.2-42. He was sentenced to five years for the felony participating in a criminal street gang conviction and to a total of 24 months for the three misdemeanor assault and battery convictions. The Court of Appeals of Virginia affirmed. Defendant appealed.

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

Virginia Simple Assault Lawyers Violation Code 18.2-42

Virginia Simple Assault Lawyers Violation Code 18.2-42

Holdings:

The Virginia Court made the following holding:
  • The term “mob” is defined as any collection of people, assembled for the purpose and with the intention of committing an assault or a battery upon any person. Va. Code Ann. § 18.2-38. In order to sustain a conviction of assault or battery by mob under Va. Code Ann. § 18.2-42, the evidence must establish that the accused was a member of a mob and that the mob committed simple assault or battery. The statutory definition of a mob requires that the act of assembling be done for a specific purpose and with a specific intent – to commit an assault or a battery. The act of assembling with that specific purpose and intent distinguishes mob behavior from merely individual behavior while part of a group. However, the group need not have originally assembled with such purpose and intent in mind. Rather, it is possible that individuals who are lawfully assembled may become members of a “mob” without great deliberation. Whether a group of individuals becomes a “mob” depends upon the circumstances and no particular words or express agreements are required to effect a change in a group’s purpose or intentions.
  • Once an assembled group becomes a mob under Va. Code Ann. § 18.2-38, every person composing the mob becomes criminally culpable even though the member may not have actively encouraged, aided, or countenanced the act of assault or battery. Thus, criminal accountability flows from being a member of the mob, regardless of whether the member aids and abets in the assault and battery.

If you have been charged with a criminal offense of a simple assault in Virginia, contact our law firm for help.

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 simple assault 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
Click to Chat

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.

 

Assault Battery Virginia Laws Simple 18.2-57 Fairfax Richmond Beach Loudoun Prince William

Simple Assault & Battery Defense – Virginia Lawyers

There are many different penalties for Simple Assault & Battery charges in Virginia.

If you have been charged with Simple Assault & Battery in Virginia, contact our firm immediately for help.

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

Simple Assault & Battery Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Assault Battery Virginia Laws Simple 18.2-57

Assault Battery Virginia Laws Simple 18.2-57

Virginia 18.2-57. Assault and battery Law

A. Any person who commits a simple assault or assault and battery shall be 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.

B. However, if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, color or national origin, the person shall be guilty of a Class 6 felony, and 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.

C. In addition, if any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a law-enforcement officer as defined hereinafter, a correctional officer as defined in 53.1-1, a person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department, a firefighter as defined in 65.2-102, or a volunteer firefighter or lifesaving or rescue squad member who is a member of a bona fide volunteer fire department or volunteer rescue or emergency medical squad regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or members as employees, engaged in the performance of his public duties, such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.
Nothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.

D. In addition, if any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time teacher, principal, assistant principal, or guidance counselor of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he shall be guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement. However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to 18.2-308.1, the person shall serve a mandatory minimum sentence of confinement of six months.

E. In addition, any person who commits a battery against another knowing or having reason to know that such individual is a health care provider as defined in 8.01-581.1 who is engaged in the performance of his duties as an emergency health care provider in an emergency room of a hospital or clinic or on the premises of any other facility rendering emergency medical care is guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, shall include a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.

F. As used in this section:
“Judge” means any justice or judge of a court of record of the Commonwealth including a judge designated under 17.1-105, a judge under temporary recall under 17.1-106, or a judge pro tempore under 17.1-109, any member of the State Corporation Commission, or of the Virginia Workers’ Compensation Commission, and any judge of a district court of the Commonwealth or any substitute judge of such district court.

“Law-enforcement officer” means any full-time or part-time employee of a police department or sheriff’s office that is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to 10.1-115, any special agent of the Department of Alcoholic Beverage Control, conservation police officers appointed pursuant to 29.1-200, and full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to 46.2-217, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to 15.2-1731 and 15.2-1733, auxiliary deputy sheriffs appointed pursuant to 15.2-1603, police officers of the Metropolitan Washington Airports Authority pursuant to 5.1-158, and fire marshals appointed pursuant to 27-30 when such fire marshals have police powers as set out in 27-34.2 and 27-34.2:1.

“School security officer” means an individual who is employed by the local school board for the purpose of maintaining order and discipline, preventing crime, investigating violations of school board policies and detaining persons violating the law or school board policies on school property, a school bus or at a school-sponsored activity and who is responsible solely for ensuring the safety, security and welfare of all students, faculty and staff in the assigned school.

G. “Simple assault” or “assault and battery” shall not be construed to include the use of, by any teacher, teacher aide, principal, assistant principal, guidance counselor, school security officer, school bus driver or school bus aide, while acting in the course and scope of his official capacity, any of the following:

(i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control;

(ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property;

(iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself;

(iv) reasonable and necessary force for self-defense or the defense of others; or

(v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control.

In determining whether a person was acting within the exceptions provided in this subsection, due deference shall be given to reasonable judgments that were made by a teacher, teacher aide, principal, assistant principal, guidance counselor, school security officer, school bus driver, or school bus aide at the time of the event.

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

Statute

Description

Penalty

 Virginia Code 18.2-57(A)  Any person who commits a simple assault or assault and battery Shall be guilty of a Class 1 misdemeanor,
Any person who commits a simple assault or assault and battery 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 shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.
Virginia Code 18.2-57(B) If a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, color or national origin, Guilty of a Class 6 felony, and 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.
Virginia Code 18.2-57(C) If any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a law-enforcement officer as defined hereinafter,

  1. A correctional officer as defined in  53.1-1,
  2. A person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department,
  3. A firefighter as defined in  65.2-102, or
  4. A volunteer firefighter or lifesaving or
  5. Rescue squad member who is a member of a bona fide volunteer fire department or volunteer rescue or emergency medical squad

Regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or members as employees, engaged in the performance of his public duties

Guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.
Nothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.
Virginia Code 18.2-57(D) If any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time teacher, principal, assistant principal, or guidance counselor of any public or private elementary or secondary school and is engaged in the performance of his duties as such Guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.
However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to  18.2-308.1. The person shall serve a mandatory minimum sentence of confinement of six months
Virginia Code 18.2-57(E) In addition, any person who commits a battery against another knowing or having reason to know that such individual is a health care provider as defined in  8.01-581.1 who is engaged in the performance of his duties as an emergency health care provider in an emergency room of a hospital or clinic or on the premises of any other facility rendering emergency medical care Guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, shall include a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.
 Virginia Code 18.2-57(F)  As used in this section:”Judge” means any justice or judge of a court of record of the Commonwealth including a judge designated under  17.1-105, a judge under temporary recall under  17.1-106, or a judge pro tempore under  17.1-109, any member of the State Corporation Commission, or of the Virginia Workers’ Compensation Commission, and any judge of a district court of the Commonwealth or any substitute judge of such district court.
“Law-enforcement officer” means any full-time or part-time employee of a police department or sheriff’s office that is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to  10.1-115, any special agent of the Department of Alcoholic Beverage Control, conservation police officers appointed pursuant to  29.1-200, and full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to  46.2-217, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to  15.2-1731 and 15.2-1733, auxiliary deputy sheriffs appointed pursuant to  15.2-1603, police officers of the Metropolitan Washington Airports Authority pursuant to  5.1-158, and fire marshals appointed pursuant to  27-30 when such fire marshals have police powers as set out in  27-34.2 and 27-34.2:1.
“School security officer” means an individual who is employed by the local school board for the purpose of maintaining order and discipline, preventing crime, investigating violations of school board policies and detaining persons violating the law or school board policies on school property, a school bus or at a school-sponsored activity and who is responsible solely for ensuring the safety, security and welfare of all students, faculty and staff in the assigned school.
Virginia Code 18.2-57(G) “Simple assault” or “assault and battery” shall not be construed to include the use of, by any teacher, teacher aide, principal, assistant principal, guidance counselor, school security officer, school bus driver or school bus aide, while acting in the course and scope of his official capacity, any of the following:

  • incidental, minor or reasonable physical contact or other actions designed to maintain order and control;
  • reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property;
  • reasonable and necessary force to prevent a student from inflicting physical harm on himself;
  • reasonable and necessary force for self-defense or the defense of others; or
  • reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control.

In determining whether a person was acting within the exceptions provided in this subsection, due deference shall be given to reasonable judgments that were made by a teacher, teacher aide, principal, assistant principal, guidance counselor, school security officer, school bus driver, or school bus aide at the time of the event.

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

Simple Assault & Battery Defense In Virginia.

We will do our absolute best to help you get the best result possible based on the facts of your case.

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.