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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