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:
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