Tag Archives: Virginia

Bad Checks Virginia Laws 18.2-181 Fairfax Richmond Beach Loudoun Prince William

Issuing Bad Checks Defense – Virginia Lawyers

There are many different penalties for Issuing Bad Checks charges in Virginia.

If you have been charged with Issuing Bad Checks in Virginia, contact our firm immediately for help.

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

Issuing Bad Checks Defense In Virginia

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

Bad Checks Virginia Laws 18.2-181

Bad Checks Virginia Laws 18.2-181

 VIRGINIA LAWYERS – ISSUING BAD CHECKS

Va. Code Ann. § 18.2-181

§ 18.2-181. Issuing bad checks, etc., larceny.

Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company, or other depository, knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of larceny; and, if this check, draft, or order has a represented value of $200 or more, such person shall be guilty of a Class 6 felony. In cases in which such value is less than $200, the person shall be guilty of a Class 1 misdemeanor.

The word “credit” as used herein, shall be construed to mean any arrangement or understanding with the bank, trust company, or other depository for the payment of such check, draft or order.

Any person making, drawing, uttering or delivering any such check, draft or order in payment as a present consideration for goods or services for the purposes set out in this section shall be guilty as provided herein.

VIRGINIA- ISSUING BAD CHECKS ETC PENALTIES

Virginia Statute Description Penalties
Va. Code Ann. § 18.2-181Issuing bad checks, etc., larceny. Any person who, with intent to defraud,

  1. shall make or draw or utter or deliver any check, draft, or
  2. order for the payment of money, upon any bank, banking institution, trust company, or other depository,

knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of larceny

If this check, draft, or order has a represented value of $200 or more, Shall be guilty of a Class 6 felony
In cases in which such value is less than $200 Shall be guilty of a Class 1 misdemeanor.
The word “credit” as used herein, shall be construed to mean any arrangement or understanding with the bank, trust company, or other depository for the payment of such check, draft or order.
Any person making, drawing, uttering or delivering any such check, draft or order in payment as a present consideration for goods or services for the purposes set out in this section shall be guilty as provided herein.

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 A Municipal Center
Virginia Beach, VA 23456

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

Issuing Bad Checks 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

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.

Bad Checks Virginia Laws 18.2-181.1 Fairfax Richmond Beach Loudoun Prince William

Issuing Bad Checks Defense – Virginia Lawyers

There are many different penalties for Issuing Bad Checks charges in Virginia.

If you have been charged with Issuing Bad Checks in Virginia, contact our firm immediately for help.

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

Issuing Bad Checks Defense In Virginia

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

Bad Checks Virginia Laws 18.2-181.1

Bad Checks Virginia Laws 18.2-181.1

 VIRGINIA LAWYERS – ISSUANCE OF BAD CHECKS

Va. Code Ann. § 18.2-181.1

§ 18.2-181.1. Issuance of bad checks.

It shall be a Class 6 felony for any person, within a period of ninety days, to issue two or more checks, drafts or orders for the payment of money in violation of § 18.2-181, which have an aggregate represented value of $200 or more and which (i) are drawn upon the same account of any bank, banking institution, trust company or other depository and (ii) are made payable to the same person, firm or corporation.

VIRGINIA LAWYERS – ISSUANCE OF BAD CHECK

Virginia Statute Description Penalties
  Va. Code Ann. § 18.2-181.1Issuance of bad check Issuing within a period of ninety days, two or more checks, drafts or orders for the payment of money in violation of § 18.2-181, which have an aggregate represented value of $200 or more and which

(i)  are drawn upon the same account of any bank, banking institution, trust company or other depository and

(ii)  (ii) are made payable to the same person, firm or corporation.

 

Class 6 felony

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 A Municipal Center
Virginia Beach, VA 23456

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

Issuing Bad Checks 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

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.

Bad Checks Virginia Laws 18.2-181

Issuing Bad Checks Defense – Virginia Lawyers

There are many different penalties for Issuing Bad Checks charges in Virginia.

If you have been charged with Issuing Bad Checks in Virginia, contact our firm immediately for help.

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

Issuing Bad Checks Defense In Virginia

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

Bad Checks Virginia Laws 18.2-181

Bad Checks Virginia Laws 18.2-181

 VIRGINIA LAWYERS – ISSUING BAD CHECKS

Va. Code Ann. § 18.2-181

§ 18.2-181. Issuing bad checks, etc., larceny.

Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company, or other depository, knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of larceny; and, if this check, draft, or order has a represented value of $200 or more, such person shall be guilty of a Class 6 felony. In cases in which such value is less than $200, the person shall be guilty of a Class 1 misdemeanor.

The word “credit” as used herein, shall be construed to mean any arrangement or understanding with the bank, trust company, or other depository for the payment of such check, draft or order.

Any person making, drawing, uttering or delivering any such check, draft or order in payment as a present consideration for goods or services for the purposes set out in this section shall be guilty as provided herein.

VIRGINIA- ISSUING BAD CHECKS ETC PENALTIES

Virginia Statute Description Penalties
Va. Code Ann. § 18.2-181Issuing bad checks, etc., larceny. Any person who, with intent to defraud,

  1. shall make or draw or utter or deliver any check, draft, or
  2. order for the payment of money, upon any bank, banking institution, trust company, or other depository,

knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of larceny

If this check, draft, or order has a represented value of $200 or more, Shall be guilty of a Class 6 felony
In cases in which such value is less than $200 Shall be guilty of a Class 1 misdemeanor.
The word “credit” as used herein, shall be construed to mean any arrangement or understanding with the bank, trust company, or other depository for the payment of such check, draft or order.
Any person making, drawing, uttering or delivering any such check, draft or order in payment as a present consideration for goods or services for the purposes set out in this section shall be guilty as provided herein.

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

Issuing Bad Checks Defense In Virginia

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

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.

Bad Checks Virginia Laws 18.2-181.1

Issuing Bad Checks Defense – Virginia Lawyers

There are many different penalties for Issuing Bad Checks charges in Virginia.

If you have been charged with Issuing Bad Checks in Virginia, contact our firm immediately for help.

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

Issuing Bad Checks Defense In Virginia

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

Bad Checks Virginia Laws 18.2-181.1

Bad Checks Virginia Laws 18.2-181.1

 VIRGINIA LAWYERS – ISSUANCE OF BAD CHECKS

Va. Code Ann. § 18.2-181.1

§ 18.2-181.1. Issuance of bad checks.

It shall be a Class 6 felony for any person, within a period of ninety days, to issue two or more checks, drafts or orders for the payment of money in violation of § 18.2-181, which have an aggregate represented value of $200 or more and which (i) are drawn upon the same account of any bank, banking institution, trust company or other depository and (ii) are made payable to the same person, firm or corporation.

VIRGINIA LAWYERS – ISSUANCE OF BAD CHECK

Virginia Statute Description Penalties
  Va. Code Ann. § 18.2-181.1Issuance of bad check Issuing within a period of ninety days, two or more checks, drafts or orders for the payment of money in violation of § 18.2-181, which have an aggregate represented value of $200 or more and which

(i)  are drawn upon the same account of any bank, banking institution, trust company or other depository and

(ii)  (ii) are made payable to the same person, firm or corporation.

 

Class 6 felony

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

Issuing Bad Checks Defense In Virginia

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

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
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.