Sunday, April 27, 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.
Richard 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.
- In examining the record
to determine the nature and extent of a trial court's action, an appellate
court generally starts with a trial court's orders. A trial court speaks
through its orders and those orders are presumed to accurately reflect
what transpired.
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, April 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.
Robinson 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.
- In examining the record
to determine the nature and extent of a trial court's action, an appellate
court generally starts with a trial court's orders. A trial court speaks
through its orders and those orders are presumed to accurately reflect
what transpired.
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.
Thursday, April 24, 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.
Jason 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:
- Va. Code Ann. §
18.2-67.10 defines "sexual abuse" as an act committed with the
intent to sexually molest, arouse, or gratify any person, where the
accused intentionally touches the complaining witness's intimate parts or
material directly covering intimate parts. "Intimate parts" is
defined as genitalia, anus, groin, breast, or buttocks of any person. Va.
Code Ann. § 18.2-67.10.
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.
Wednesday, April 23, 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.
West 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:
- In the context of sexual
crimes, an act undertaken against a victim's will and without the victim's
consent is an act undertaken with force. In the context of a rape
prosecution, constructive force exists if the victim could not legally
consent to the act. Proof of the absence of legal consent provides all the
force which the law demands as an element of the crime. force includes
actual and constructive force and constructive force includes engaging in
proscribed conduct with a victim who is under the legal age of consent.
- 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:
Tuesday, April 22, 2014
Aggravated Sexual Battery Virginia Fairfax Lawyers Offense
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.
Jackson v. Commonwealth
Facts:
Defendant 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.
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:
Sunday, April 20, 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.
Ronald 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:
- Va. Code Ann. §
18.2-67.10 defines "sexual abuse" as an act committed with the
intent to sexually molest, arouse, or gratify any person, where the
accused intentionally touches the complaining witness's intimate parts or
material directly covering intimate parts. "Intimate parts" is
defined as genitalia, anus, groin, breast, or buttocks of any person. Va.
Code Ann. § 18.2-67.10.
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, April 17, 2014
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.
Nelson 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:
Wednesday, April 16, 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.
Marcos v. Commonwealth
Facts:
Following a bench
trial, the Circuit Court of Fairfax (Virginia) convicted defendant of forcible
sodomy, in violation of Va. Code Ann. § 18.2-67.1, 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 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:
- Va. Code Ann. §
18.2-67.2 provides, in part, that an accused shall be guilty of inanimate
or animate object sexual penetration if he or she penetrates the labia
majora of a complaining witness with any object, and the complaining
witness is less than 13 years of age. The fact that the object is placed
on, not in, a woman's sexual organ is insufficient to establish the
element of penetration. For the purposes of § 18.2-67.2, penetration need
be only slight. Penetration of any portion of the vulva, which encompasses
the external parts of the female sex organs considered as a whole and
includes, beginning with the outermost parts, the labia majora, labia
minora, hymen, vaginal opening, and vagina, is sufficient to establish the
element of penetration.
- Va. Code Ann. § 19.2-294
provides in part that if the same act is a violation of two or more
statutes, conviction under one of the statutes or ordinances shall be a
bar to a prosecution or proceeding under the other. However, § 19.2-294 is
applicable only to multiple or successive prosecutions, and does not apply
to a simultaneous prosecution.
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, April 15, 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.
Luke 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.
- 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:
Monday, April 14, 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.
Jackson 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:
- Va. Code Ann. § 18.2-67.10
defines "sexual abuse" as an act committed with the intent to
sexually molest, arouse, or gratify any person, where the accused
intentionally touches the complaining witness's intimate parts or material
directly covering intimate parts. "Intimate parts" is defined as
genitalia, anus, groin, breast, or buttocks of any person. Va. Code Ann. §
18.2-67.10.
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:
Sunday, April 13, 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.
Geraldo v. Commonwealth
Facts:
Defendant in 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. It also passed Va.
Code Ann. § 18.2-67, permitting the deposition of a "complaining
witness" in cases of sexual assault and attempted sexual assault. If the
general assembly intended to exclude attempt crimes from Va. Code Ann. §
18.2-67.3, it would not have passed a law permitting a deposition of a
"complaining witness" in attempted aggravated sexual battery and would
not have passed a law stating the punishment for attempted aggravated sexual
battery. There was no evidence the general assembly intended to abrogate common
law attempt when it passed § 18.2-67.3, so the crime of attempted aggravated
sexual battery existed in 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. §
18.2-67.5 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.
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