Monday, August 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.

Fred 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 mental 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 legislative purpose of Va. Code Ann. § 18.2-61(A)(ii) is to protect persons who are mentally impaired or retarded from being sexually exploited due to their mental incapacity. However, such statutes must not be interpreted and applied in a manner that creates an unintended rule that would prohibit all mentally impaired or retarded persons from engaging in consensual sexual intercourse without having their partners commit a felony. By specifically defining mental incapacity, the legislature has chosen to protect those mentally deficient persons whose mental condition prevents them from understanding the nature and consequences of the sexual act involved. Va. Code Ann. § 18.2-67.10(3). Va. Code Ann. § 18.2-67.3 also protects mentally impaired individuals, specifically those persons who lack an understanding of the nature and consequences of sexual acts, from sexual exploitation.
  • A mentally incapacitated individual may not have the capacity to make a volitional choice to engage or not engage in a sexual act due to their lack of understanding of the nature and consequences of the sexual act. Accordingly, when an individual is mentally incapacitated under Va. Code Ann. § 18.2-67.10(3), the individual is incapable of legally consenting to the sexual touching, on the grounds that consent without understanding is no consent at all.
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, 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.

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, August 18, 2014

Aggravated Sexual Battery Virginia Fairfax Lawyers Code 18.2-67.3

Aggravated Sexual Battery Virginia

In Virginia, aggravated sexual battery is a criminal offense punishable under Va. Code Ann. § 18.2-67.3 and is punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000

Below is a sample case of aggravated sexual battery in Virginia as interpreted by a lawyer in our firm.

Have you been charged with aggravated sexual battery in Virginia and need a lawyer to defend you? 

Are you concerned about the consequences of being charged with aggravated sexual battery in Virginia?

Under Va. Code Ann. § 18.2-67.3,

"A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and

1.      The complaining witness is less than 13 years of age, or
2.      The act is accomplished through the use of the complaining witness's mental incapacity or physical helplessness, or
3.      The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age, or
4.      The act is accomplished against the will of the complaining witness by force, threat or intimidation, and
a.       The complaining witness is at least 13 but less than 15 years of age, or
b.      The accused causes serious bodily or mental injury to the complaining witness, or
c.       The accused uses or threatens to use a dangerous weapon..."

For a lot of our clients, aggravated sexual battery can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court without a lawyer, if you have been charged with aggravated sexual battery in Virginia.  Contact our law firm for help and speak with a lawyer today.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Darwin 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:

  • No ruling of the trial court or the Industrial Commission will be considered as a basis for reversal unless the objection was stated together with the grounds therefor at the time of the ruling, except for good cause shown or to enable the Court of Appeals to attain the ends of justice. A mere statement that the judgment or award is contrary to the law and the evidence is not sufficient to constitute a question to be ruled upon on appeal.
  • Va. Code Ann. § 18.2-67.3 provides: Aggravated sexual battery. A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and 1. The complaining witness is less than thirteen years of age, or 2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation, or through the use of the complaining witness's mental incapacity or physical helplessness, and a. The complaining witness is at least thirteen but less than fifteen years of age, or b. The accused causes serious bodily or mental injury to the complaining witness, or c. The accused uses or threatens to use a dangerous weapon. B. Aggravated sexual battery is a felony punishable by confinement in the penitentiary for a term of not less than one nor more than twenty years.
We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Disclaimer:


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, August 15, 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.

Row v. Commonwealth

Facts:

The evidence was not sufficient to support defendant's conviction in Fairfax for aggravated sexual battery, in violation of Va. Code Ann. § 18.2-67.3, because testimony from defendant's daughter did not slightly corroborate the corpus delicti of the offense involving defendant's extrajudicial confession to inappropriate sexual behavior with his grandson

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:

  • When reviewing a defendant's challenge to the sufficiency of the evidence to sustain a conviction, the Supreme Court of Virginia reviews the evidence in the light most favorable to the Commonwealth, as the prevailing party at trial, and considers all inferences fairly deducible from that evidence. The lower court will be reversed only if that court's judgment is plainly wrong or without evidence to support it.
  • To the extent that circumstantial evidence establishes a defendant's mere opportunity to commit the corpus delicti, this is insufficient to provide slight corroboration. The Commonwealth must go further and present evidence of such circumstances as will, when taken in connection with the confession, establish the occurrence of the corpus delicti beyond a reasonable doubt.
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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