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:
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:
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.
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