Monday, March 17, 2014
Virginia Simple Assault Lawyers Prince William Misdemeanor Robbery
Virginia Simple
Assault Lawyers
In Virginia,
simple assault is a criminal offense punishable under Va. Code Ann. § 18.2-57
and is punishable as a Class 1 misdemeanor
Below is a sample
case of simple assault in Virginia as interpreted by a lawyer in our firm.
Have you been
charged with simple assault in Virginia and need a lawyer to defend you?
Are you concerned
about the consequences of being charged with simple assault in Virginia?
Under Va. Code
Ann. § 18.2-57,
"A. Any
person who commits a simple assault or assault and battery is 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…."
For a lot of our
clients, simple assault can result in the loss of their job, their security
clearance or even their immigration status.
Don’t risk going
to court without a lawyer, if you have been charged with simple assault in
Virginia. Contact our law firm for help
and speak with a lawyer today.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Our law firm has
the necessary experience to assist you with this matter. We will do our absolute best to help you get the
best result possible based on the facts of your case.
Gerald v. Commonwealth
Facts:
A judge in the
Circuit Court of Prince William (Virginia) convicted defendant of robbery, in
violation of Va. Code Ann. § 18.2-58, and misdemeanor assault while part of a
mob, in violation of Va. Code Ann. § 18.2-42. 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
Holdings:
The Virginia
Court made the following holding:
- 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 criteria which
distinguishes individual behavior while part of a group from
"mob" behavior is assembling for the specific purpose and with
the specific intent of committing an assault and battery upon any person.
That is not to say that the purpose for which the group initially came
together must have been for the purpose of committing an assault and
battery before a "mob" may be said to have
"assembled." It is possible that individuals who are lawfully
assembled may become members of a "mob" without great
deliberation and for them to become part of a group which is moved or
controlled by those impulsive and irrational forces which perpetuate mob
violence. For a group of persons lawfully gathered for whatever purpose to
"assemble" as a mob within the intendment of Va. Code Ann. §
18.2-38, they need only to collectively band together with the common
purpose and intention of committing an assault and battery upon a person.
Whether a group of individuals has been so transformed into a
"mob" depends upon the circumstances; no particular words or
express agreements are required to effect a change in a group's purpose or
intentions.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Our law firm has
the necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Disclaimer:
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Virginia Simple Assault Lawyers In Virginia, simple assault is a criminal offense punishable under Va. Code Ann. § 18.2-57 and is punis...
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