Monday, March 31, 2014
Aggravated Sexual Battery Virginia Fairfax Lawyers Code 18.2-67.3
Aggravated Sexual
Battery Virginia
In Virginia,
aggravated sexual battery is a criminal offense punishable under Va. Code Ann.
§ 18.2-67.3 and is punishable by confinement in a state correctional facility
for a term of not less than one nor more than 20 years and by a fine of not
more than $100,000
Below is a sample
case of aggravated sexual battery in Virginia as interpreted by a lawyer in our
firm.
Have you been
charged with aggravated sexual battery in Virginia and need a lawyer to defend
you?
Are you concerned
about the consequences of being charged with aggravated sexual battery in
Virginia?
Under Va. Code
Ann. § 18.2-67.3,
"A. An
accused shall be guilty of aggravated sexual battery if he or she sexually
abuses the complaining witness, and
1.
The complaining witness is less than 13 years of age, or
2.
The act is accomplished through the use of the complaining
witness's mental incapacity or physical helplessness, or
3.
The offense is committed by a parent, step-parent, grandparent, or
step-grandparent and the complaining witness is at least 13 but less than 18
years of age, or
4.
The act is accomplished against the will of the complaining
witness by force, threat or intimidation, and
a.
The complaining witness is at least 13 but less than 15 years of
age, or
b.
The accused causes serious bodily or mental injury to the
complaining witness, or
c.
The accused uses or threatens to use a dangerous weapon..."
For a lot of our
clients, aggravated sexual battery 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 aggravated sexual
battery 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.
Willard v. Commonwealth
Facts:
Defendant sought
review of his conviction of aggravated sexual battery pursuant to the
provisions of Va. Code Ann. § 18.2-67.3 from the Circuit Court of Fairfax (Virginia).
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. §
18.2-67.3 provides: Aggravated sexual battery. A. An accused shall be
guilty of aggravated sexual battery if he or she sexually abuses the
complaining witness, and 1. The complaining witness is less than thirteen
years of age, or 2. The act is accomplished against the will of the
complaining witness, by force, threat or intimidation, or through the use
of the complaining witness's mental incapacity or physical helplessness,
and a. The complaining witness is at least thirteen but less than fifteen
years of age, or b. The accused causes serious bodily or mental injury to
the complaining witness, or c. The accused uses or threatens to use a
dangerous weapon. B. Aggravated sexual battery is a felony punishable by
confinement in the penitentiary for a term of not less than one nor more
than twenty years.
- Sexual abuse is defined
in pertinent part in Va. Code Ann. § 18.2-67.10: Sexual abuse means an act
committed with the intent to sexually molest, arouse, or gratify any
person, where: (a) The accused intentionally touches the complaining
witness's intimate parts or clothing covering such intimate parts.
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.
Saturday, March 29, 2014
Aggravated Sexual Battery Virginia Fairfax Lawyers Violation Code 18.2-67.3
Aggravated Sexual
Battery Virginia
In Virginia,
aggravated sexual battery is a criminal offense punishable under Va. Code Ann.
§ 18.2-67.3 and is punishable by confinement in a state correctional facility
for a term of not less than one nor more than 20 years and by a fine of not
more than $100,000
Below is a sample
case of aggravated sexual battery in Virginia as interpreted by a lawyer in our
firm.
Have you been
charged with aggravated sexual battery in Virginia and need a lawyer to defend
you?
Are you concerned
about the consequences of being charged with aggravated sexual battery in
Virginia?
Under Va. Code
Ann. § 18.2-67.3,
"A. An
accused shall be guilty of aggravated sexual battery if he or she sexually
abuses the complaining witness, and
1.
The complaining witness is less than 13 years of age, or
2.
The act is accomplished through the use of the complaining
witness's mental incapacity or physical helplessness, or
3.
The offense is committed by a parent, step-parent, grandparent, or
step-grandparent and the complaining witness is at least 13 but less than 18
years of age, or
4.
The act is accomplished against the will of the complaining
witness by force, threat or intimidation, and
a.
The complaining witness is at least 13 but less than 15 years of
age, or
b.
The accused causes serious bodily or mental injury to the
complaining witness, or
c.
The accused uses or threatens to use a dangerous weapon..."
For a lot of our
clients, aggravated sexual battery 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 aggravated sexual
battery 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.
Lawson v. Commonwealth
Facts:
Defendant
appealed from a judgment of the Circuit Court of Fairfax (Virginia) convicting
him of aggravated sexual battery, through the use of the victim's metal
incapacity, in violation of Va. Code Ann. § 18.2-67.3.
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:
- The determination of the
definition of "force" as used by the General Assembly in Va.
Code Ann. § 18.2-67.10(6)(b) is a question of statutory interpretation,
and therefore, an appellate court reviews the question de novo. While
reviewing the trial court's legal conclusions de novo, the appellate court
gives deference to the trial court's findings of fact unless the findings
are plainly wrong or without evidence to support them. The trial judge's
major role is the determination of fact, and with experience in fulfilling
that role comes expertise. Thus, the credibility of the witnesses and the
weight accorded the evidence are matters solely for the fact finder who
has the opportunity to see and hear that evidence as it is presented.
- The use of a common set
of facts for proof of differing elements of a crime is not incongruous.
The prosecution for aggravated sexual battery requires a showing of sexual
abuse under Va. Code Ann. § 18.2-67.10(6)(b), which includes proof of
force, and a showing that the victim was under 13 years of age, Va. Code
Ann. § 18.2-67.3(A)(1). The common factual element - the age of the victim
- serves as proof of both the force requirement and the age requirement.
Such a circumstance is neither improper nor incongruous.
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:
Friday, March 28, 2014
Aggravated Sexual Battery Virginia Fairfax Lawyers Violation Code 18.2-67.2
Aggravated Sexual
Battery Virginia
In Virginia,
aggravated sexual battery is a criminal offense punishable under Va. Code Ann.
§ 18.2-67.3 and is punishable by confinement in a state correctional facility
for a term of not less than one nor more than 20 years and by a fine of not
more than $100,000
Below is a sample
case of aggravated sexual battery in Virginia as interpreted by a lawyer in our
firm.
Have you been
charged with aggravated sexual battery in Virginia and need a lawyer to defend
you?
Are you concerned
about the consequences of being charged with aggravated sexual battery in
Virginia?
Under Va. Code
Ann. § 18.2-67.3,
"A. An
accused shall be guilty of aggravated sexual battery if he or she sexually
abuses the complaining witness, and
1.
The complaining witness is less than 13 years of age, or
2.
The act is accomplished through the use of the complaining
witness's mental incapacity or physical helplessness, or
3.
The offense is committed by a parent, step-parent, grandparent, or
step-grandparent and the complaining witness is at least 13 but less than 18
years of age, or
4.
The act is accomplished against the will of the complaining
witness by force, threat or intimidation, and
a.
The complaining witness is at least 13 but less than 15 years of
age, or
b.
The accused causes serious bodily or mental injury to the
complaining witness, or
c.
The accused uses or threatens to use a dangerous weapon..."
For a lot of our
clients, aggravated sexual battery 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 aggravated sexual
battery 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.
Patrick v. Commonwealth
Facts:
Defendant sought
review of the judgment of the Circuit Court of Fairfax (Virginia), which
convicted him of animate object sexual penetration, in violation of Va. Code
Ann. § 18.2-67.2, and aggravated sexual battery, in violation of Va. Code Ann.
§ 18.2-67.3. Defendant contended that the trial court violated his Fifth
Amendment right against double jeopardy by imposing multiple punishments for a
single criminal act.
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:
- While object sexual
penetration and aggravated sexual battery have some elements in common,
not every commission of object sexual penetration is a commission of
aggravated sexual battery. Object penetration does not require proof of an
intent to sexually molest, arouse, or gratify any person as required for
conviction of aggravated sexual battery. Aggravated sexual battery is not
composed entirely of elements that are also elements of object sexual
penetration. Aggravated sexual battery has an additional element that
object sexual penetration does not and, therefore, it cannot be a
lesser-included offense of object sexual penetration.
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:
Wednesday, March 26, 2014
Aggravated Sexual Battery Virginia Fairfax Lawyers Indecent Liberties
Aggravated Sexual
Battery Virginia
In Virginia, aggravated
sexual battery is a criminal offense punishable under Va. Code Ann. § 18.2-67.3
and is punishable by confinement in a state correctional facility for a term of
not less than one nor more than 20 years and by a fine of not more than
$100,000
Below is a sample
case of aggravated sexual battery in Virginia as interpreted by a lawyer in our
firm.
Have you been
charged with aggravated sexual battery in Virginia and need a lawyer to defend
you?
Are you concerned
about the consequences of being charged with aggravated sexual battery in
Virginia?
Under Va. Code
Ann. § 18.2-67.3,
"A. An
accused shall be guilty of aggravated sexual battery if he or she sexually
abuses the complaining witness, and
1.
The complaining witness is less than 13 years of age, or
2.
The act is accomplished through the use of the complaining
witness's mental incapacity or physical helplessness, or
3.
The offense is committed by a parent, step-parent, grandparent, or
step-grandparent and the complaining witness is at least 13 but less than 18 years
of age, or
4.
The act is accomplished against the will of the complaining
witness by force, threat or intimidation, and
a.
The complaining witness is at least 13 but less than 15 years of
age, or
b.
The accused causes serious bodily or mental injury to the complaining
witness, or
c.
The accused uses or threatens to use a dangerous weapon..."
For a lot of our
clients, aggravated sexual battery 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 aggravated sexual
battery 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.
Davis v. Commonwealth
Facts:
Defendant sought
review of a judgment from the Circuit Court of Fairfax (Virginia), which
entered convictions on assorted counts of producing sexually explicit material,
carnal knowledge, aggravated sexual battery, and indecent liberties brought by
plaintiff Commonwealth.
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:
- All the elements of the
crime of taking indecent liberties are not included in the crime of aggravated
sexual battery. Only individuals over age eighteen who maintain a
custodial relationship with the victim can be convicted of taking indecent
liberties. Thus, the commission of aggravated sexual battery by a person
under age eighteen would not constitute the crime of taking indecent
liberties. This distinction alone is enough to render aggravated sexual
battery and taking indecent liberties distinct offenses.
- The commission of
aggravated sexual assault by a person not in a custodial relationship with
the victim would not constitute the crime of taking indecent liberties.
The requirement of custodial relationship is not merely a basis for
enhancing punishment. Under Va. Code Ann. § 18.2-370.1, the custodial
relationship the accused maintains with respect to the victim is a
predicate to guilt. Only those persons who maintain a custodial
relationship with their victim can be convicted under § 18.2-370.1.
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:
Tuesday, March 25, 2014
Aggravated Sexual Battery Virginia Fairfax Lawyers Violation Code 18.2-67.3
Aggravated Sexual
Battery Virginia
In Virginia,
aggravated sexual battery is a criminal offense punishable under Va. Code Ann.
§ 18.2-67.3 and is punishable by confinement in a state correctional facility
for a term of not less than one nor more than 20 years and by a fine of not
more than $100,000
Below is a sample
case of aggravated sexual battery in Virginia as interpreted by a lawyer in our
firm.
Have you been
charged with aggravated sexual battery in Virginia and need a lawyer to defend
you?
Are you concerned
about the consequences of being charged with aggravated sexual battery in
Virginia?
Under Va. Code
Ann. § 18.2-67.3,
"A. An
accused shall be guilty of aggravated sexual battery if he or she sexually
abuses the complaining witness, and
1.
The complaining witness is less than 13 years of age, or
2.
The act is accomplished through the use of the complaining
witness's mental incapacity or physical helplessness, or
3.
The offense is committed by a parent, step-parent, grandparent, or
step-grandparent and the complaining witness is at least 13 but less than 18
years of age, or
4.
The act is accomplished against the will of the complaining
witness by force, threat or intimidation, and
a.
The complaining witness is at least 13 but less than 15 years of
age, or
b.
The accused causes serious bodily or mental injury to the
complaining witness, or
c.
The accused uses or threatens to use a dangerous weapon..."
For a lot of our
clients, aggravated sexual battery 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 aggravated sexual
battery 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.
Hills v. Commonwealth
Facts:
Defendant sought
review of the judgment of the Circuit Court of Fairfax (Virginia), which
convicted him of animate object sexual penetration, in violation of Va. Code
Ann. § 18.2-67.2, and aggravated sexual battery, in violation of Va. Code Ann.
§ 18.2-67.3. Defendant contended that the trial court violated his Fifth
Amendment right against double jeopardy by imposing multiple punishments for a
single criminal act.
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:
- Where two convictions
occur in the same trial, the appellate court must decide whether the trial
court exceeded its legislative authorization by imposing multiple
punishments for the same offense. When the same act or transaction
constitutes a violation of two distinct statutory provisions, the test to
be applied to determine whether there are two offenses or only one is
whether each offense charged requires proof of an additional fact which
the other does not.
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.
Friday, March 21, 2014
Aggravated Sexual Battery Virginia Fairfax Lawyers Code 18.2-67.3
Aggravated Sexual
Battery Virginia
In Virginia,
aggravated sexual battery is a criminal offense punishable under Va. Code Ann.
§ 18.2-67.3 and is punishable by confinement in a state correctional facility
for a term of not less than one nor more than 20 years and by a fine of not
more than $100,000
Below is a sample
case of aggravated sexual battery in Virginia as interpreted by a lawyer in our
firm.
Have you been
charged with aggravated sexual battery in Virginia and need a lawyer to defend
you?
Are you concerned
about the consequences of being charged with aggravated sexual battery in
Virginia?
Under Va. Code
Ann. § 18.2-67.3,
"A. An
accused shall be guilty of aggravated sexual battery if he or she sexually
abuses the complaining witness, and
1.
The complaining witness is less than 13 years of age, or
2.
The act is accomplished through the use of the complaining
witness's mental incapacity or physical helplessness, or
3.
The offense is committed by a parent, step-parent, grandparent, or
step-grandparent and the complaining witness is at least 13 but less than 18
years of age, or
4.
The act is accomplished against the will of the complaining
witness by force, threat or intimidation, and
a.
The complaining witness is at least 13 but less than 15 years of
age, or
b.
The accused causes serious bodily or mental injury to the
complaining witness, or
c.
The accused uses or threatens to use a dangerous weapon..."
For a lot of our
clients, aggravated sexual battery 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 aggravated sexual
battery 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.
Page v. Commonwealth
Facts:
Defendant sought
review of his conviction of aggravated sexual battery pursuant to the
provisions of Va. Code Ann. § 18.2-67.3 from the Circuit Court of Fairfax
(Virginia).
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. §
18.2-67.3 provides: Aggravated sexual battery. A. An accused shall be
guilty of aggravated sexual battery if he or she sexually abuses the
complaining witness, and 1. The complaining witness is less than thirteen
years of age, or 2. The act is accomplished against the will of the
complaining witness, by force, threat or intimidation, or through the use
of the complaining witness's mental incapacity or physical helplessness,
and a. The complaining witness is at least thirteen but less than fifteen
years of age, or b. The accused causes serious bodily or mental injury to
the complaining witness, or c. The accused uses or threatens to use a
dangerous weapon. B. Aggravated sexual battery is a felony punishable by
confinement in the penitentiary for a term of not less than one nor more
than twenty years.
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:
Thursday, March 20, 2014
Aggravated Sexual Battery Virginia Fairfax Lawyers Class 6 Felony
Aggravated Sexual
Battery Virginia
In Virginia,
aggravated sexual battery is a criminal offense punishable under Va. Code Ann.
§ 18.2-67.3 and is punishable by confinement in a state correctional facility
for a term of not less than one nor more than 20 years and by a fine of not
more than $100,000
Below is a sample
case of aggravated sexual battery in Virginia as interpreted by a lawyer in our
firm.
Have you been
charged with aggravated sexual battery in Virginia and need a lawyer to defend
you?
Are you concerned
about the consequences of being charged with aggravated sexual battery in
Virginia?
Under Va. Code
Ann. § 18.2-67.3,
"A. An
accused shall be guilty of aggravated sexual battery if he or she sexually
abuses the complaining witness, and
1.
The complaining witness is less than 13 years of age, or
2.
The act is accomplished through the use of the complaining
witness's mental incapacity or physical helplessness, or
3.
The offense is committed by a parent, step-parent, grandparent, or
step-grandparent and the complaining witness is at least 13 but less than 18
years of age, or
4.
The act is accomplished against the will of the complaining
witness by force, threat or intimidation, and
a.
The complaining witness is at least 13 but less than 15 years of
age, or
b.
The accused causes serious bodily or mental injury to the
complaining witness, or
c.
The accused uses or threatens to use a dangerous weapon..."
For a lot of our
clients, aggravated sexual battery 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 aggravated sexual
battery 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.
Thompson v. Commonwealth
Facts:
Defendant a
resident of Fairfax said the definition of "complaining witness"
excluded from its definition attempted aggravated sexual battery, so attempted
aggravated sexual battery was not a crime in Virginia under Va. Code Ann. §
18.2-67.3. The appellate court held the general assembly passed a law stating
the punishment for attempted sexual assault offenses, including attempted
aggravated sexual battery.
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. §
18.2-67.5 provides for the punishment of attempted sexual assault and
states that an attempt to commit aggravated sexual battery is a felony
punishable as a Class 6 felony.
- Under the common law, it
is well settled in Virginia that an attempt is an unfinished crime, and is
compounded of two elements, the intent to commit the crime and the doing
of some direct act towards its consummation, but falling short of the
execution of the ultimate design.
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.
Tuesday, March 18, 2014
Aggravated Sexual Battery Virginia Fairfax Lawyers Code 18.2-67.3
Aggravated Sexual
Battery Virginia
In Virginia,
aggravated sexual battery is a criminal offense punishable under Va. Code Ann.
§ 18.2-67.3 and is punishable by confinement in a state correctional facility
for a term of not less than one nor more than 20 years and by a fine of not
more than $100,000
Below is a sample
case of aggravated sexual battery in Virginia as interpreted by a lawyer in our
firm.
Have you been
charged with aggravated sexual battery in Virginia and need a lawyer to defend
you?
Are you concerned
about the consequences of being charged with aggravated sexual battery in
Virginia?
Under Va. Code
Ann. § 18.2-67.3,
"A. An
accused shall be guilty of aggravated sexual battery if he or she sexually
abuses the complaining witness, and
1.
The complaining witness is less than 13 years of age, or
2.
The act is accomplished through the use of the complaining
witness's mental incapacity or physical helplessness, or
3.
The offense is committed by a parent, step-parent, grandparent, or
step-grandparent and the complaining witness is at least 13 but less than 18
years of age, or
4.
The act is accomplished against the will of the complaining
witness by force, threat or intimidation, and
a.
The complaining witness is at least 13 but less than 15 years of
age, or
b.
The accused causes serious bodily or mental injury to the
complaining witness, or
c.
The accused uses or threatens to use a dangerous weapon..."
For a lot of our
clients, aggravated sexual battery 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 aggravated sexual
battery 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.
Felts v. Commonwealth
Facts:
Defendant sought
review of his conviction of aggravated sexual battery pursuant to the
provisions of Va. Code Ann. § 18.2-67.3 from the Circuit Court of Fairfax
(Virginia)..
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. §
18.2-67.3 provides: Aggravated sexual battery. A. An accused shall be
guilty of aggravated sexual battery if he or she sexually abuses the
complaining witness, and 1. The complaining witness is less than thirteen
years of age, or 2. The act is accomplished against the will of the
complaining witness, by force, threat or intimidation, or through the use
of the complaining witness's mental incapacity or physical helplessness,
and a. The complaining witness is at least thirteen but less than fifteen
years of age, or b. The accused causes serious bodily or mental injury to
the complaining witness, or c. The accused uses or threatens to use a
dangerous weapon. B. Aggravated sexual battery is a felony punishable by
confinement in the penitentiary for a term of not less than one nor more
than twenty years.
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:
Aggravated Sexual Battery Virginia Fairfax Lawyers Assault
Aggravated Sexual
Battery Virginia
In Virginia,
aggravated sexual battery is a criminal offense punishable under Va. Code Ann.
§ 18.2-67.3 and is punishable by confinement in a state correctional facility
for a term of not less than one nor more than 20 years and by a fine of not
more than $100,000
Below is a sample
case of aggravated sexual battery in Virginia as interpreted by a lawyer in our
firm.
Have you been
charged with aggravated sexual battery in Virginia and need a lawyer to defend
you?
Are you concerned
about the consequences of being charged with aggravated sexual battery in
Virginia?
Under Va. Code
Ann. § 18.2-67.3,
"A. An
accused shall be guilty of aggravated sexual battery if he or she sexually
abuses the complaining witness, and
1.
The complaining witness is less than 13 years of age, or
2.
The act is accomplished through the use of the complaining
witness's mental incapacity or physical helplessness, or
3.
The offense is committed by a parent, step-parent, grandparent, or
step-grandparent and the complaining witness is at least 13 but less than 18
years of age, or
4.
The act is accomplished against the will of the complaining
witness by force, threat or intimidation, and
a.
The complaining witness is at least 13 but less than 15 years of
age, or
b.
The accused causes serious bodily or mental injury to the
complaining witness, or
c.
The accused uses or threatens to use a dangerous weapon..."
For a lot of our
clients, aggravated sexual battery 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 aggravated sexual
battery 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.
East v. Commonwealth
Facts:
Defendant a
resident of Fairfax said the definition of "complaining witness"
excluded from its definition attempted aggravated sexual battery, so attempted
aggravated sexual battery was not a crime in Virginia. The appellate court held
the general assembly passed a law stating the punishment for attempted sexual
assault offenses, including attempted aggravated sexual battery.
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. §
18.2-67.5 provides for the punishment of attempted sexual assault and
states that an attempt to commit aggravated sexual battery is a felony
punishable as a Class 6 felony.
- Under the common law, it
is well settled in Virginia that an attempt is an unfinished crime, and is
compounded of two elements, the intent to commit the crime and the doing
of some direct act towards its consummation, but falling short of the
execution of the ultimate design.
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:
Aggravated Sexual Battery Virginia Fairfax Lawyers Violation Code 18.2-67.3
Aggravated Sexual
Battery Virginia
In Virginia,
aggravated sexual battery is a criminal offense punishable under Va. Code Ann.
§ 18.2-67.3 and is punishable by confinement in a state correctional facility
for a term of not less than one nor more than 20 years and by a fine of not
more than $100,000
Below is a sample
case of aggravated sexual battery in Virginia as interpreted by a lawyer in our
firm.
Have you been
charged with aggravated sexual battery in Virginia and need a lawyer to defend
you?
Are you concerned
about the consequences of being charged with aggravated sexual battery in
Virginia?
Under Va. Code
Ann. § 18.2-67.3,
"A. An
accused shall be guilty of aggravated sexual battery if he or she sexually
abuses the complaining witness, and
1.
The complaining witness is less than 13 years of age, or
2.
The act is accomplished through the use of the complaining
witness's mental incapacity or physical helplessness, or
3.
The offense is committed by a parent, step-parent, grandparent, or
step-grandparent and the complaining witness is at least 13 but less than 18
years of age, or
4.
The act is accomplished against the will of the complaining
witness by force, threat or intimidation, and
a.
The complaining witness is at least 13 but less than 15 years of
age, or
b.
The accused causes serious bodily or mental injury to the
complaining witness, or
c.
The accused uses or threatens to use a dangerous weapon..."
For a lot of our
clients, aggravated sexual battery 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 aggravated sexual
battery 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.
Coward v. Commonwealth
Facts:
Defendant was
convicted of aggravated sexual battery pursuant to the provisions of Va. Code
Ann. § 18.2-67.3. On appeal, defendant
contended that plaintiff commonwealth's evidence was insufficient to prove that
the act in question was accomplished against the will of the complaining
witness by force, threat or intimidation. The court reversed and vacated defendant's
conviction for aggravated sexual battery and remanded the case for a new trial
for assault and battery...
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. §
18.2-67.4 defines sexual battery, a Class I misdemeanor, as the sexual
abuse of the complaining witness against the will of the complaining
witness, by force, threat or intimidation or through the use of the
complaining witness's mental incapacity or physical helplessness.
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.
Aggravated Sexual Battery Virginia Fairfax Lawyers Violation Code 18.2-67.3
Aggravated Sexual
Battery Virginia
In Virginia,
aggravated sexual battery is a criminal offense punishable under Va. Code Ann.
§ 18.2-67.3 and is punishable by confinement in a state correctional facility
for a term of not less than one nor more than 20 years and by a fine of not
more than $100,000
Below is a sample
case of aggravated sexual battery in Virginia as interpreted by a lawyer in our
firm.
Have you been
charged with aggravated sexual battery in Virginia and need a lawyer to defend
you?
Are you concerned
about the consequences of being charged with aggravated sexual battery in
Virginia?
Under Va. Code
Ann. § 18.2-67.3,
"A. An
accused shall be guilty of aggravated sexual battery if he or she sexually
abuses the complaining witness, and
1.
The complaining witness is less than 13 years of age, or
2.
The act is accomplished through the use of the complaining
witness's mental incapacity or physical helplessness, or
3.
The offense is committed by a parent, step-parent, grandparent, or
step-grandparent and the complaining witness is at least 13 but less than 18
years of age, or
4.
The act is accomplished against the will of the complaining
witness by force, threat or intimidation, and
a.
The complaining witness is at least 13 but less than 15 years of
age, or
b.
The accused causes serious bodily or mental injury to the
complaining witness, or
c.
The accused uses or threatens to use a dangerous weapon..."
For a lot of our
clients, aggravated sexual battery 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 aggravated sexual
battery 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.
Frank v. Commonwealth
Facts:
A jury for the
Circuit Court of Fairfax (Virginia) found defendant guilty of two counts of
aggravated sexual battery, in violation of Va. Code Ann. § 18.2-67.3, and one
count of carnal knowledge, in violation of Va. Code Ann. § 18.2-63. 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:
- Trial courts have the
authority to interpret their own orders. When construing a lower court's
order, a reviewing court should give deference to the interpretation
adopted by the lower court. A lower court's discretion to interpret its
own order is not unlimited, however. It must be exercised reasonably and
not arbitrarily or capriciously. Thus, a trial court's interpretation of
its own order will be deferred to on appeal absent an abuse of discretion.
- Under Va. Code Ann. §
18.2-63, carnal knowledge does not require a showing of force.
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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