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:

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, 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:

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, 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:

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.
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:

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 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:

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 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:

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, 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:

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.
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:

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.
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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