Friday, October 31, 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.

Mike 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.
  • Sexual abuse is defined in pertinent part in Va. Code Ann. § 18.2-67.10: Sexual abuse means an act committed with the intent to sexually molest, arouse, or gratify any person, where: (a) The accused intentionally touches the complaining witness's intimate parts or clothing covering such intimate parts.

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, October 29, 2014

Aggravated Sexual Battery Virginia Fairfax Lawyers Code 18.2-67.3 Force Threat

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.

Gerald 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.

Aggravated Sexual Battery Virginia Fairfax Lawyers 18.2-67.3 Mental Incapacity

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.

Charles v. Commonwealth

Facts:

Defendant appealed a judgment by the Circuit Court of Fairfax (Virginia) that convicted of aggravated sexual battery, animate object sexual penetration, and statutory rape, in violation of Va. Code Ann. §§ 18.2-67.3, 18.2-67.2, and 18.2-61, respectively; defendant claimed that his double jeopardy rights were violated and that the evidence was insufficient to convict him.

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:

  • 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).

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, October 27, 2014

Aggravated Sexual Battery Virginia Fairfax Lawyers Indecent Liberties

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.

King v. Commonwealth

Facts:

Defendant sought review of a judgment from the Circuit Court of Fairfax (Virginia), which entered convictions on assorted counts of producing sexually explicit material, carnal knowledge, aggravated sexual battery, and indecent liberties brought by plaintiff Commonwealth.

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:

  • All the elements of the crime of taking indecent liberties are not included in the crime of aggravated sexual battery. Only individuals over age eighteen who maintain a custodial relationship with the victim can be convicted of taking indecent liberties. Thus, the commission of aggravated sexual battery by a person under age eighteen would not constitute the crime of taking indecent liberties. This distinction alone is enough to render aggravated sexual battery and taking indecent liberties distinct offenses.
  • The commission of aggravated sexual assault by a person not in a custodial relationship with the victim would not constitute the crime of taking indecent liberties. The requirement of custodial relationship is not merely a basis for enhancing punishment. Under Va. Code Ann. § 18.2-370.1, the custodial relationship the accused maintains with respect to the victim is a predicate to guilt. Only those persons who maintain a custodial relationship with their victim can be convicted under § 18.2-370.1.

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.

Aggravated Sexual Battery Virginia Fairfax Lawyers Class 6 Felony

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.

James 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.
Friday, October 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.

Jackson v. Commonwealth

Facts:

Defendant appealed a judgment by the Circuit Court of Fairfax (Virginia) that convicted him of aggravated sexual battery in violation of Va. Code Ann. § 18.2-67.3; defendant claimed that the trial court erred in finding that aggravated sexual battery was a lesser-included offense of forcible sodomy.

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 crime of forcible sodomy is comprised of the following elements: (1.) an accused shall be guilty of forcible sodomy if he or she engages in cunnilingus with a complaining witness who is not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person; and (2.) the complaining witness is less than 13 years of age or otherwise included in Va. Code Ann. § 18.2-67.1(A)(2).
  • The crime of aggravated sexual battery is composed of the following elements: (1.) the accused intentionally touched either the complaining witness's genitalia, anus, groin, breast, or buttocks or material covering those body parts; (2.) with the intent to sexually molest, arouse, or gratify either the perpetrator or the victim; and (3.) the victim was less than 13 years of age, or otherwise included in Va. Code Ann. § 18.2-67.3(A)(2), (3), or (4). Va. Code Ann. §§ 18.2-67.3, 18.2-67.10(2), (6).

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, October 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.

Johnson v. Commonwealth

Facts:

Defendant appealed the judgment of the Circuit Court of Fairfax, Virginia, convicting him of attempted aggravated sexual battery in violation of Va. Code Ann. §§ 18.2-67.3, 18.2-67.5, and 18.2-67.10.
.
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 Court of Appeals of Virginia will not consider an argument on appeal which was not presented to the trial court. Va. Sup. Ct. R. 5A:18. Rule 5A:18 allows exceptions for good cause or to meet the ends of justice. In order to avail oneself of the exception, a defendant must affirmatively show that a miscarriage of justice has occurred, not that a miscarriage might have occurred. The Court of Appeals will not consider, sua sponte, a "miscarriage of justice" argument under Rule 5A:18.


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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