Tag Archives: VA Code 18.2-57

Virginia Code Assault Definition Lawyers Violation 18.2-57 Fairfax Richmond Beach Loudoun Prince William

Concerned about the punishment for violating the Virginia Code For Assault And Confused About the Definition Of Assault in Virginia - Call our Virginia Lawyers

If you are concerned about the punishment for violating the Virginia Code For Assault And Confused About the Definition Of Assault in Virginia, 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.

Claret v. Commonwealth

Facts:

Defendant was convicted of assault, a violation of Va. Code Ann. § 18.2-57. The Court of Appeals of Virginia affirmed the trial court’s judgment. Defendant appealed.  Defendant’s son caused a problem on a school bus. As a result, the victim, a bus driver, had him suspended from the bus. The next day, at two separate times, defendant approached the victim’s bus and threatened him. Defendant contended that her words were insufficient to constitute assault, within the definition for assault, and there was no real physical action..

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 Assault Definition Lawyers Violation 18.2-57 Fairfax Richmond Beach Loudoun Prince William

Virginia Code Assault Definition Lawyers Violation 18.2-57 Fairfax Richmond Beach Loudoun Prince William

Holdings:

The Virginia Court made the following holding:
  • The penalty for assault is set forth in Va. Code Ann. § 18.2-57, but because the elements of assault are not statutorily defined, courts must apply the common law definition. At common law, assault is both a crime and a tort. Specifically, the common law crime of assault requires an attempt or offer committed with an intent to inflict bodily harm coupled with the present ability to inflict such harm. The common law tort of assault is completed if the tortfeasor engages in actions intended to place the victim in fear of bodily harm and creates a well-founded fear in the victim. Like many jurisdictions, Virginia merges the common law crime with the common law tort of assault. Combining the criminal and tort elements, 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. Regarding the common law crime of assault, courts hold that because assault requires an overt act, words alone are never sufficient to constitute an assault..

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.

 

Assault Charges In Virginia Lawyers Physical Harm Violation Code 18.2-57 Fairfax Richmond Beach Loudoun Prince William

Are you facing assault charges Virginia and need a lawyer to defend you?

Are you concerned about the consequences of facing assault charges Virginia?

For a lot of our clients, assault charges 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 assault in Virginia.

If you have been charged with a criminal offense of 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.

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.

Claret v. Commonwealth

Facts:

Defendant sought review of the judgment of the Circuit Court of Fairfax (Virginia), which convicted her of assault charges, in violation of Va. Code Ann. § 18.2-57.  Defendant contended that the evidence was insufficient to support her conviction, because it failed to prove an overt act or attempt to physically harm the victim.  The court reviewed the matter on rehearing en banc.

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

Assault Charges In Virginia Lawyers Physical Harm Violation Code 18.2-57

Assault Charges In Virginia Lawyers Physical Harm Violation Code 18.2-57

Holdings:

The Virginia Court made the following holding:

  • To prove assault under either the criminal definition of assault or the assimilated tort definition, a sufficient causal nexus must exist among the elements of the offense–under the criminal definition, the perpetrator must commit the overt act with the intent to inflict bodily harm and have the present ability to inflict that harm; under the tort definition, the perpetrator must commit the overt act with the intent to place the victim in fear of bodily harm and the overt act must create reasonable fear in the victim.

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

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

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.

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.

 

What Is Virginia Code 18.2-57 And The Punishment Lawyers Assaulting Officer Fairfax Richmond Beach Loudoun Prince William

Have you been charged with Virginia Code 18.2-57 and wondering what the punishment is in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with Virginia Code 18.2-57 and wondering what the punishment is in Virginia?

Don’t risk going to court without a lawyer, if you have been charged with Virginia Code 18.2-57 and wondering what the punishment is 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.

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.

Rutherford v. Commonwealth

Facts:

Appellant, convicted by the Circuit Court of Loudoun, Virginia, of assaulting a police officer, appealed contending that what the trial judge answered a jury question in a manner that was inconsistent with the specific intent requirement of the assault statute under which he was convicted.

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 Virginia Code 18.2-57 And The Punishment Lawyers Assaulting Officer

What Is Virginia Code 18.2-57 And The Punishment Lawyers Assaulting Officer

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 18.2-57(C) does not require proof that the accused intentionally selected the victim as does a violation of Va. Code Ann. § 18.2-57(A), (B). A person violates § 18.2-57(C) if he commits an assault or an assault and battery against another person, knowing or having reason to know that the other person is a law enforcement officer engaged in the performance of his public duties. Nothing in the language of § 18.2-57(C) indicates a desire by the legislature to mitigate the offense if an officer is accidentally assaulted by the accused striking out in general.
  • Under Va. Code Ann. § 18.2-57(B), punishment for assault and battery is enhanced if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race.

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

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.

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.

 

Misdemeanor Class 1 Battery Assault Virginia Lawyers Violation Code 18.2-57 Fairfax Richmond Beach Loudoun Prince William

Have you been charged with a Class 1 misdemeanor battery in Virginia and you are wondering what the penalty is in VA and need a lawyer to defend you?

Are you concerned about the consequences of being charged with a Class 1 misdemeanor battery in Virginia and you are wondering what the penalty is in VA?

For a lot of our clients, a Class 1 misdemeanor battery can result in the loss of their job, their security clearance etc.

Don’t risk going to court without a lawyer, if you have been charged with a Class 1 misdemeanor battery in Virginia and you are wondering what the penalty is in VA.  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.

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.

Woods v. Commonwealth

Facts:

Appellant assaulted and battered a special agent with the Virginia Department of Alcoholic Beverage Control (ABC). A jury of the Circuit Court of Fairfax (Virginia) convicted appellant of felony assault and battery of a law-enforcement officer, in violation of Va. Code Ann. § 18.2-57(C). Appellant sought review of the trial court’s decision.  On appeal, appellant argued that the ABC agent was not a law-enforcement officer as defined under Va. Code Ann. § 18.2-57(E) and, he was, therefore, guilty of only simple assault and battery, a Class 1 misdemeanor pursuant to Va. Code Ann. § 18.2-57(A)..

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

Misdemeanor Class 1 Battery Assault Virginia Lawyers Violation Code 18.2-57

Misdemeanor Class 1 Battery Assault Virginia Lawyers Violation Code 18.2-57

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 18.2-57(C) makes it a Class 6 felony to commit an assault and battery against another knowing or having reason to know that such other person is a law-enforcement officer.
  • Because Virginia Department of Alcoholic Beverage Control (ABC) agents are not expressly included in the definition of a law-enforcement officer in Va. Code Ann. § 18.2-57(E) as a particular class of victim for purposes of enhanced punishment, Va. Code Ann. § 18.2-57(E) is inapplicable as to ABC agents..

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

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.

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 Assault Definition Lawyers Violation 18.2-57

Concerned about the punishment for violating the Virginia Code For Assault And Confused About the Definition Of Assault in Virginia - Call our Virginia Lawyers

If you are concerned about the punishment for violating the Virginia Code For Assault And Confused About the Definition Of Assault in Virginia, 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.

Claret v. Commonwealth

Facts:

Defendant was convicted of assault, a violation of Va. Code Ann. § 18.2-57. The Court of Appeals of Virginia affirmed the trial court’s judgment. Defendant appealed.  Defendant’s son caused a problem on a school bus. As a result, the victim, a bus driver, had him suspended from the bus. The next day, at two separate times, defendant approached the victim’s bus and threatened him. Defendant contended that her words were insufficient to constitute assault, within the definition for assault, and there was no real physical action..

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 Assault Definition Lawyers Violation 18.2-57 Fairfax Richmond Beach Loudoun Prince William

Virginia Code Assault Definition Lawyers Violation 18.2-57 Fairfax Richmond Beach Loudoun Prince William

Holdings:

The Virginia Court made the following holding:
  • The penalty for assault is set forth in Va. Code Ann. § 18.2-57, but because the elements of assault are not statutorily defined, courts must apply the common law definition. At common law, assault is both a crime and a tort. Specifically, the common law crime of assault requires an attempt or offer committed with an intent to inflict bodily harm coupled with the present ability to inflict such harm. The common law tort of assault is completed if the tortfeasor engages in actions intended to place the victim in fear of bodily harm and creates a well-founded fear in the victim. Like many jurisdictions, Virginia merges the common law crime with the common law tort of assault. Combining the criminal and tort elements, 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. Regarding the common law crime of assault, courts hold that because assault requires an overt act, words alone are never sufficient to constitute an assault..

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.

 

Assault Charges In Virginia Lawyers Physical Harm Violation Code 18.2-57

Are you facing assault charges Virginia and need a lawyer to defend you?

Are you concerned about the consequences of facing assault charges Virginia?

For a lot of our clients, assault charges 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 assault in Virginia.

If you have been charged with a criminal offense of 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.

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.

Claret v. Commonwealth

Facts:

Defendant sought review of the judgment of the Circuit Court of Fairfax (Virginia), which convicted her of assault charges, in violation of Va. Code Ann. § 18.2-57.  Defendant contended that the evidence was insufficient to support her conviction, because it failed to prove an overt act or attempt to physically harm the victim.  The court reviewed the matter on rehearing en banc.

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

Assault Charges In Virginia Lawyers Physical Harm Violation Code 18.2-57

Assault Charges In Virginia Lawyers Physical Harm Violation Code 18.2-57

Holdings:

The Virginia Court made the following holding:

  • To prove assault under either the criminal definition of assault or the assimilated tort definition, a sufficient causal nexus must exist among the elements of the offense–under the criminal definition, the perpetrator must commit the overt act with the intent to inflict bodily harm and have the present ability to inflict that harm; under the tort definition, the perpetrator must commit the overt act with the intent to place the victim in fear of bodily harm and the overt act must create reasonable fear in the victim.

If you have been charged with a criminal offense of 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.

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.

 

What Is Virginia Code 18.2-57 And The Punishment Lawyers Assaulting Officer

Have you been charged with Virginia Code 18.2-57 and wondering what the punishment is in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with Virginia Code 18.2-57 and wondering what the punishment is in Virginia?

Don’t risk going to court without a lawyer, if you have been charged with Virginia Code 18.2-57 and wondering what the punishment is 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.

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.

Rutherford v. Commonwealth

Facts:

Appellant, convicted by the Circuit Court of Loudoun, Virginia, of assaulting a police officer, appealed contending that what the trial judge answered a jury question in a manner that was inconsistent with the specific intent requirement of the assault statute under which he was convicted.

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 Virginia Code 18.2-57 And The Punishment Lawyers Assaulting Officer

What Is Virginia Code 18.2-57 And The Punishment Lawyers Assaulting Officer

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 18.2-57(C) does not require proof that the accused intentionally selected the victim as does a violation of Va. Code Ann. § 18.2-57(A), (B). A person violates § 18.2-57(C) if he commits an assault or an assault and battery against another person, knowing or having reason to know that the other person is a law enforcement officer engaged in the performance of his public duties. Nothing in the language of § 18.2-57(C) indicates a desire by the legislature to mitigate the offense if an officer is accidentally assaulted by the accused striking out in general.
  • Under Va. Code Ann. § 18.2-57(B), punishment for assault and battery is enhanced if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race.

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
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.

Misdemeanor Class 1 Battery Assault Virginia Lawyers Violation Code 18.2-57

Have you been charged with a Class 1 misdemeanor battery in Virginia and you are wondering what the penalty is in VA and need a lawyer to defend you?

Are you concerned about the consequences of being charged with a Class 1 misdemeanor battery in Virginia and you are wondering what the penalty is in VA?

For a lot of our clients, a Class 1 misdemeanor battery can result in the loss of their job, their security clearance etc.

Don’t risk going to court without a lawyer, if you have been charged with a Class 1 misdemeanor battery in Virginia and you are wondering what the penalty is in VA.  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.

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.

Woods v. Commonwealth

Facts:

Appellant assaulted and battered a special agent with the Virginia Department of Alcoholic Beverage Control (ABC). A jury of the Circuit Court of Fairfax (Virginia) convicted appellant of felony assault and battery of a law-enforcement officer, in violation of Va. Code Ann. § 18.2-57(C). Appellant sought review of the trial court’s decision.  On appeal, appellant argued that the ABC agent was not a law-enforcement officer as defined under Va. Code Ann. § 18.2-57(E) and, he was, therefore, guilty of only simple assault and battery, a Class 1 misdemeanor pursuant to Va. Code Ann. § 18.2-57(A)..

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

Misdemeanor Class 1 Battery Assault Virginia Lawyers Violation Code 18.2-57

Misdemeanor Class 1 Battery Assault Virginia Lawyers Violation Code 18.2-57

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 18.2-57(C) makes it a Class 6 felony to commit an assault and battery against another knowing or having reason to know that such other person is a law-enforcement officer.
  • Because Virginia Department of Alcoholic Beverage Control (ABC) agents are not expressly included in the definition of a law-enforcement officer in Va. Code Ann. § 18.2-57(E) as a particular class of victim for purposes of enhanced punishment, Va. Code Ann. § 18.2-57(E) is inapplicable as to ABC agents..

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
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.