Monday, August 18, 2014
Domestic Violence In Virginia Fairfax Lawyer Violation Code 18.2-57.2
Domestic Violence
In Virginia
In Virginia,
domestic violence is a criminal offense under Va. Code § 18.2-57.2 and is
punishable as a Class 1 misdemeanor
Below is a sample
case of domestic violence, in violation of Va. Code § 18.2-57.2 in Virginia as
interpreted by a lawyer in our firm.
Va. Code Ann. §
18.2-57.2 dealing with penalty for Assault and battery against a family or
household members states as follows “Any person who commits an assault and
battery against a family or household member is guilty of a Class 1
misdemeanor.”
Have you been charged
with domestic violence in Virginia and need a lawyer to defend you?
Are you concerned
about the consequences of being charged with domestic violence in Virginia?
For a lot of our
clients, domestic violence can result in the loss of their job, their security
clearance etc.
Don’t risk going
to court without a lawyer, if you have been charged with domestic violence 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 and 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.
Harrison v.
Commonwealth
Facts:
In domestic
violence case, the Defendant sought review of a decision of the Circuit Court
of Fairfax (Virginia), which convicted him of assault and battery of a family
or household member, third or subsequent offense, in violation of Va. Code Ann.
§ 18.2-57.2. On appeal, he contended that the evidence was insufficient and
that the trial court erroneously disallowed the testimony of a witness he
called.
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:
- Va.
Code Ann. § 18.2-57.2 punishes as a Class 6 felony any act of simple
assault or assault and battery against a family or household member where
it is proved the defendant had two or more prior convictions for assault
and battery of a family member within a period of 20 years. The statute
does not alter the common law definition of assault and battery.
- 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. Assault and battery is the least touching of another, willfully or
in anger. A defendant does not have to intend to do harm; a battery may
also be done in a spirit of rudeness or insult. The touching need not
result in injury. A touching is not unlawful if the person consents or if
the touching is justified or excused. An intentional touching which was
not justified or excused is a battery.
If you have been
charged with a first time offense of domestic violence 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.
Disclaimer:
Email Us:
Our Phone #
Virginia | |
Fairfax | 703-278-0405 |
Fairfax Virginia Lawyer
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