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

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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.