Friday, August 22, 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.
Alwin v. Commonwealth
Facts:
The Circuit Court
of Fairfax (Virginia) found defendant guilty of animate object sexual
penetration, in violation of Va. Code Ann. § 18.2-67.2. 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:
- An accused shall be
guilty of inanimate or animate object sexual penetration if he or she
penetrates the labia majora or anus of a complaining witness and if the
act is accomplished against the will of the complaining witness, by force,
threat or intimidation of or against the complaining witness or another
person, or through the use of the complaining witness's mental incapacity
or physical helplessness. Va. Code Ann. § 18.2-67.
- In a case interpreting
the word "force" as it is used in Va. Code Ann. § 18.2-67.3
(aggravated sexual battery), the issue is whether, on the facts of the
case a mere nonconsensual touching of the intimate parts of the complaining
witness comes within the statutorily defined criminal act or whether some
additional force is required. The legislature intended some force other
than merely that force required to accomplish the unlawful touching to be
included within the statutorily defined criminal acts of either sexual
battery or aggravated sexual battery.
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.
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