Tuesday, September 16, 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.

Stephen v. Commonwealth

Facts:

Defendant appealed from a judgment of the Circuit in Fairfax (Virginia), rendered following a bench trial, which convicted him of aggravated sexual battery pursuant to the provisions 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:

  • Because sexual offenses are typically clandestine in nature, seldom involving witnesses to the offense except the perpetrator and the victim, a requirement of corroboration would result in most sex offenses going unpunished. Consequently, rape and attempted rape convictions may be sustained solely upon the testimony of the victim. There is no requirement of corroboration. Persuasive authority extends this rule to prosecutions for sodomy and other sexual offenses.
  • Sexual battery is the intentional touching of the intimate parts of the complaining witness by the accused with the intent to sexually molest, arouse, or gratify either the complaining witness or the accused. Va. Code Ann. §§ 18.2-67.3, 18.2-67.10(6)(a). While aggravated sexual battery is different from attempted rape in that an intent to have sexual intercourse is not required, aggravated sexual battery is markedly similar to attempted rape where the victim is female and her genitalia is touched by the perpetrator's penis. Moreover, logic dictates that the reasons that support the rule that a conviction for attempted rape may be supported solely upon the testimony of the victim without further corroboration are equally applicable to prosecutions for aggravated sexual battery under Va. Code Ann. § 18.2-67.3. Accordingly, there is no requirement for corroboration under § 18.2-67.3. 
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, September 15, 2014

Aggravated Sexual Battery Virginia Fairfax Lawyers Violation Code 18.2-67.2

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.

Mike 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:

  • In a prosecution for two crimes in the same trial, the double jeopardy defense does not apply unless (a) the defendant is twice punished for one criminal act and (b) the two punishments are either for the same crime or one punishment is for a crime which is a lesser included offense of the other.
  • While object sexual penetration and aggravated sexual battery have some elements in common, not every commission of object sexual penetration is a commission of aggravated sexual battery. Object penetration does not require proof of an intent to sexually molest, arouse, or gratify any person as required for conviction of aggravated sexual battery. Aggravated sexual battery is not composed entirely of elements that are also elements of object sexual penetration. Aggravated sexual battery has an additional element that object sexual penetration does not and, therefore, it cannot be a lesser-included offense of object sexual penetration.
  • A plain reading of Va. Code Ann. § 18.2-67.2 establishes that the Virginia Code merely requires proof of penetration of a named sexual part, not proof of lascivious intent.
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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