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

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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.