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.