Virginia Simple Assault Lawyers Violation Code 18.2-42

Have you been charged with a simple assault in Virginia?

Are you concerned about the consequences of being charged with a simple assault in Virginia?

For a lot of our clients, a simple assault can result in the loss of their job, their security clearance or even their immigration status.

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

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Charles v. Commonwealth

Facts:

Defendant was convicted of participating in a criminal street gang in violation of Va. Code Ann. § 18.2-46.2 and three counts of assault and battery by a mob in violation of Va. Code Ann. § 18.2-42. He was sentenced to five years for the felony participating in a criminal street gang conviction and to a total of 24 months for the three misdemeanor assault and battery convictions. The Court of Appeals of Virginia affirmed. Defendant appealed.

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 Simple Assault Lawyers Violation Code 18.2-42

Virginia Simple Assault Lawyers Violation Code 18.2-42

Holdings:

The Virginia Court made the following holding:
  • The term “mob” is defined as any collection of people, assembled for the purpose and with the intention of committing an assault or a battery upon any person. Va. Code Ann. § 18.2-38. In order to sustain a conviction of assault or battery by mob under Va. Code Ann. § 18.2-42, the evidence must establish that the accused was a member of a mob and that the mob committed simple assault or battery. The statutory definition of a mob requires that the act of assembling be done for a specific purpose and with a specific intent – to commit an assault or a battery. The act of assembling with that specific purpose and intent distinguishes mob behavior from merely individual behavior while part of a group. However, the group need not have originally assembled with such purpose and intent in mind. Rather, it is possible that individuals who are lawfully assembled may become members of a “mob” without great deliberation. Whether a group of individuals becomes a “mob” depends upon the circumstances and no particular words or express agreements are required to effect a change in a group’s purpose or intentions.
  • Once an assembled group becomes a mob under Va. Code Ann. § 18.2-38, every person composing the mob becomes criminally culpable even though the member may not have actively encouraged, aided, or countenanced the act of assault or battery. Thus, criminal accountability flows from being a member of the mob, regardless of whether the member aids and abets in the assault and battery.

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

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 simple assault 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.