Monday, September 15, 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.
Holmes v.
Commonwealth
Facts:
In a domestic
violence case, the Appellant challenged his bench trial conviction in Fairfax for
assault and battery against a family or household member in violation of Va.
Code Ann. § 18.2-57.2. (Michie 1995 Repl. Vol. 1997), his third such conviction
within 10 years, making it punishable as a Class 6 felony, contending the
evidence was insufficient to establish the woman he was convicted of assaulting
and battering was a family or household member.
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:
- Under
familiar principles of appellate review, courts examine the evidence in
the light most favorable to the Commonwealth, granting to it all
reasonable inferences fairly deducible therefrom. The fact finder is not
required to believe all aspects of a witness's testimony; it may accept
some parts as believable and reject other parts as implausible.
- In Virginia , the
legislature has concluded that assault on a family or household member is
more serious than assault on a stranger. Va. Code Ann. §§ 18.2-57,
18.2-57.2.
- The factors to be
applied in determining if persons are cohabitating for purposes of a
statute proscribing domestic assault are unique to each case and how much
weight, if any, to give to each of these factors must be decided on a
case-by-case basis by the trier of fact.
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:
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.
Email Us:
Our Phone #
Virginia | |
Fairfax | 703-278-0405 |
Fairfax Virginia Lawyer
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