Fairfax Virginia Reckless Driving Divorce DUI Traffic Child Custody Laws|Lawyer County

Shooting Stabbing Malicious Wounding Virginia Laws 18.2-51 Fairfax

18.2-51/Malicious Wounding Defense Fairfax – Virginia Lawyers

There are many different penalties for Malicious Wounding charges in Fairfax, Virginia.

If you have been charged with Malicious Wounding in Fairfax, Virginia, contact our firm immediately for help.

Shooting Stabbing Malicious Wounding Virginia Laws 18.2-51 Fairfax
Shooting Stabbing Malicious Wounding Virginia Laws 18.2-51 Fairfax

Malicious Wounding Defense In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Va. Code Ann. § 18.2-51

§ 18.2-51. Shooting, stabbing, etc., with intent to maim, kill, etc .

If any person maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill, he shall, except where it is otherwise provided, be guilty of a Class 3 felony. If such act be done unlawfully but not maliciously, with the intent aforesaid, the offender shall be guilty of a Class 6 felony.

FAIRFAX VIRGINIA-ASSAULTS AND BODILY WOUNDINGS

Virginia Statute

Description

Penalties

Va. Code Ann. § 18.2-51

Assault and bodily wounding

If any person maliciously shoots, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill. Shall be guilty of a Class 3 felony.
If such act be done unlawfully but not maliciously, with the intent aforesaid Shall be guilty of a Class 6 felony

Malicious Wounding Defense In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Courts we cover in Fairfax, Virginia

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

Article written by A Sris

Click to Chat

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.

Strangulation Virginia Laws Penalty 18.2-51.6 Fairfax

Strangulation Defense Fairfax – Virginia Lawyers

There are many different penalties for Strangulation charges in Fairfax Virginia.

If you have been charged with Strangulation in Fairfax Virginia, contact our firm immediately for help.

Strangulation Virginia Laws Penalty 18.2-51.6 Fairfax
Strangulation Virginia Laws Penalty 18.2-51.6 Fairfax

Strangulation Defense In Fairfax Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

18.2-51.6. Strangulation of another; penalty.

Any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully applying pressure to the neck of such person resulting in the wounding or bodily injury of such person is guilty of strangulation, a Class 6 felony.

If you have been charged with Strangulation in Fairfax Virginia, contact our firm immediately for help.

Statute

Description

Penalty

Virginia Code  18.2-51.6 Any person is guilty of strangulation, if he,

  1. Without consent,
  2.  Impedes the blood circulation or respiration of another person
  3. By knowingly, intentionally, and unlawfully applying pressure to the neck of such person
  4. Resulting in the wounding or bodily injury of such person
Class 6 felony

Strangulation Defense In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Courts we cover in Fairfax, Virginia

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

Article written by A Sris
Click to Chat

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.

Reckless Handling Firearm Virginia Laws Penalty 18.2-56.1 Fairfax

Reckless Handling Of A Firearm Defense Fairfax – Virginia Lawyers

There are many different penalties for Reckless Handling Of A Firearm charges in Fairfax, Virginia.

If you have been charged with Reckless Handling Of A Firearm in Fairfax, Virginia, contact our firm immediately for help.

Reckless Handling Firearm Virginia Laws Penalty 18.2-56.1 Fairfax
Reckless Handling Firearm Virginia Laws Penalty 18.2-56.1 Fairfax

Reckless Handling Of A Firearm Defense In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

18.2-56.1. Reckless handling of firearms; reckless handling while hunting

A. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Any person violating this section shall be guilty of a Class 1 misdemeanor.

B. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such person’s hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years.

C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Game and Inland Fisheries (i) such person’s revoked hunting or trapping license or notice that such person’s privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action.

D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such person’s hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein

Statute

Description

Penalty

Virginia Code 18.2-56.1.(A) It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Shall be guilty of a Class 1 misdemeanor.
Virginia Code 18.2-56.1.(B) Violation of this section while the person is engaged in hunting, trapping or pursuing game. In addition to the penalty imposed there may be revocation of such person’s hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years.
Virginia Code 18.2-56.1.(C) Upon a revocation pursuant to subsection B, the court’s shall send to the Department of Game and Inland Fisheries

  1. Such person’s revoked hunting or trapping license or notice that such person’s privilege to hunt or trap while in possession of a firearm has been revoked and
  2. A notice of the length of revocation imposed.

The Department shall keep a list containing the names and addresses of all persons whose license or privilege has been revoked and the list shall be furnished upon request to any law-enforcement officer.

 

Virginia Code 18.2-56.1.(D) If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, Guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed the trial judge may revoke such person’s hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life.
The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein

Reckless Handling Of A Firearm Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case

Courts we cover in Fairfax, Virginia

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

Article written by A Sris
Click to Chat

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.

Assault Battery Virginia Laws Simple 18.2-57 Fairfax

Simple Assault & Battery Defense Fairfax – Virginia Lawyers

There are many different penalties for Simple Assault & Battery charges in Fairfax, Virginia.

If you have been charged with Simple Assault & Battery in Fairfax Virginia, contact our firm immediately for help.

Assault Battery Virginia Laws Simple 18.2-57 Fairfax
Assault Battery Virginia Laws Simple 18.2-57 Fairfax

Simple Assault & Battery Defense In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

18.2-57. Assault and battery.

A. Any person who commits a simple assault or assault and battery shall be guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.

B. However, if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, color or national origin, the person shall be guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.

C. In addition, if any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a law-enforcement officer as defined hereinafter, a correctional officer as defined in 53.1-1, a person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department, a firefighter as defined in 65.2-102, or a volunteer firefighter or lifesaving or rescue squad member who is a member of a bona fide volunteer fire department or volunteer rescue or emergency medical squad regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or members as employees, engaged in the performance of his public duties, such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.
Nothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.

D. In addition, if any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time teacher, principal, assistant principal, or guidance counselor of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he shall be guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement. However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to 18.2-308.1, the person shall serve a mandatory minimum sentence of confinement of six months.

E. In addition, any person who commits a battery against another knowing or having reason to know that such individual is a health care provider as defined in 8.01-581.1 who is engaged in the performance of his duties as an emergency health care provider in an emergency room of a hospital or clinic or on the premises of any other facility rendering emergency medical care is guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, shall include a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.

F. As used in this section:
“Judge” means any justice or judge of a court of record of the Commonwealth including a judge designated under 17.1-105, a judge under temporary recall under 17.1-106, or a judge pro tempore under 17.1-109, any member of the State Corporation Commission, or of the Virginia Workers’ Compensation Commission, and any judge of a district court of the Commonwealth or any substitute judge of such district court.

“Law-enforcement officer” means any full-time or part-time employee of a police department or sheriff’s office that is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to 10.1-115, any special agent of the Department of Alcoholic Beverage Control, conservation police officers appointed pursuant to 29.1-200, and full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to 46.2-217, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to 15.2-1731 and 15.2-1733, auxiliary deputy sheriffs appointed pursuant to 15.2-1603, police officers of the Metropolitan Washington Airports Authority pursuant to 5.1-158, and fire marshals appointed pursuant to 27-30 when such fire marshals have police powers as set out in 27-34.2 and 27-34.2:1.

“School security officer” means an individual who is employed by the local school board for the purpose of maintaining order and discipline, preventing crime, investigating violations of school board policies and detaining persons violating the law or school board policies on school property, a school bus or at a school-sponsored activity and who is responsible solely for ensuring the safety, security and welfare of all students, faculty and staff in the assigned school.

G. “Simple assault” or “assault and battery” shall not be construed to include the use of, by any teacher, teacher aide, principal, assistant principal, guidance counselor, school security officer, school bus driver or school bus aide, while acting in the course and scope of his official capacity, any of the following:

(i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control;

(ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property;

(iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself;

(iv) reasonable and necessary force for self-defense or the defense of others; or

(v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control.

In determining whether a person was acting within the exceptions provided in this subsection, due deference shall be given to reasonable judgments that were made by a teacher, teacher aide, principal, assistant principal, guidance counselor, school security officer, school bus driver, or school bus aide at the time of the event.

Statute

Description

Penalty

 Virginia Code 18.2-57(A) 

 

 

Any person who commits a simple assault or assault and battery Shall be guilty of a Class 1 misdemeanor,
Any person who commits a simple assault or assault and battery and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, The penalty shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.
Virginia Code 18.2-57(B) If a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, color or national origin, Guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.
Virginia Code 18.2-57(C) 

 

 

 

 

 

 

 

 

 

 

 

If any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a law-enforcement officer as defined hereinafter,

  1. A correctional officer as defined in  53.1-1,
  2. A person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department,
  3. A firefighter as defined in  65.2-102, or
  4. A volunteer firefighter or lifesaving or
  5. Rescue squad member who is a member of a bona fide volunteer fire department or volunteer rescue or emergency medical squad

Regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or members as employees, engaged in the performance of his public duties

Guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.
Nothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.
Virginia Code 18.2-57(D) If any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time teacher, principal, assistant principal, or guidance counselor of any public or private elementary or secondary school and is engaged in the performance of his duties as such Guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.
However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to  18.2-308.1. The person shall serve a mandatory minimum sentence of confinement of six months
Virginia Code 18.2-57(E) In addition, any person who commits a battery against another knowing or having reason to know that such individual is a health care provider as defined in  8.01-581.1 who is engaged in the performance of his duties as an emergency health care provider in an emergency room of a hospital or clinic or on the premises of any other facility rendering emergency medical care Guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, shall include a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.
 Virginia Code 18.2-57(F) 

 

 

 

As used in this section:”Judge” means any justice or judge of a court of record of the Commonwealth including a judge designated under  17.1-105, a judge under temporary recall under  17.1-106, or a judge pro tempore under  17.1-109, any member of the State Corporation Commission, or of the Virginia Workers’ Compensation Commission, and any judge of a district court of the Commonwealth or any substitute judge of such district court.
“Law-enforcement officer” means any full-time or part-time employee of a police department or sheriff’s office that is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to  10.1-115, any special agent of the Department of Alcoholic Beverage Control, conservation police officers appointed pursuant to  29.1-200, and full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to  46.2-217, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to  15.2-1731 and 15.2-1733, auxiliary deputy sheriffs appointed pursuant to  15.2-1603, police officers of the Metropolitan Washington Airports Authority pursuant to  5.1-158, and fire marshals appointed pursuant to  27-30 when such fire marshals have police powers as set out in  27-34.2 and 27-34.2:1.
“School security officer” means an individual who is employed by the local school board for the purpose of maintaining order and discipline, preventing crime, investigating violations of school board policies and detaining persons violating the law or school board policies on school property, a school bus or at a school-sponsored activity and who is responsible solely for ensuring the safety, security and welfare of all students, faculty and staff in the assigned school.
Virginia Code 18.2-57(G) “Simple assault” or “assault and battery” shall not be construed to include the use of, by any teacher, teacher aide, principal, assistant principal, guidance counselor, school security officer, school bus driver or school bus aide, while acting in the course and scope of his official capacity, any of the following:

  • incidental, minor or reasonable physical contact or other actions designed to maintain order and control;
  • reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property;
  • reasonable and necessary force to prevent a student from inflicting physical harm on himself;
  • reasonable and necessary force for self-defense or the defense of others; or
  • reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control.

In determining whether a person was acting within the exceptions provided in this subsection, due deference shall be given to reasonable judgments that were made by a teacher, teacher aide, principal, assistant principal, guidance counselor, school security officer, school bus driver, or school bus aide at the time of the event.

Simple Assault & Battery Defense In Fairfax, Virginia.

We will do our absolute best to help you get the best result possible based on the facts of your case.

Courts we cover in Fairfax, Virginia

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

Article written by A Sris
Click to Chat

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.

Object Sexual Penetration Virginia Laws 18.2-67.2 Fairfax

Object Sexual Penetration Defense Fairfax – Virginia Lawyers

There are many different penalties for Object Sexual Penetration charges in Fairfax, Virginia.

If you have been charged with Object Sexual Penetration in Fairfax, Virginia, contact our law firm immediately for help.

Object Sexual Penetration Virginia Laws 18.2-67.2 Fairfax
Object Sexual Penetration Virginia Laws 18.2-67.2 Fairfax

Object Sexual Penetration Defense In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

18.2-67.2

18.2-67.2. Object sexual penetration; penalty.

A. 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, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and

1. The complaining witness is less than 13 years of age; or

2. 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.

B. Inanimate or animate object sexual penetration is a felony punishable by confinement in the state correctional facility for life or for any term not less than five years; and in addition:

1. For a violation of subdivision A 1, where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of 18.2-47 or 18.2-48, (ii) 18.2-89, 18.2-90, or 18.2-91, or (iii) 18.2-51.2, the punishment shall include a mandatory minimum term of confinement of 25 years; or

2. For a violation of subdivision A 1 where it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense, the punishment shall include a mandatory minimum term of confinement for life.

If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant’s life, subject to revocation by the court.

In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant’s completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.

C. Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.

Virginia Statutes

Condition

Penalties

Va. Code  18.2-67.2(A)

 

Any person who penetrates the labia majora or anus of a complaining witness, including the spouses, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and

  1. The complaining witness is less than 13 years of age; or
  2. The act is accomplished against the will of the victim by force, threat or intimidation of or against the complaining witness or another person, or through the victim’s mental incapacity or physical helplessness.
Guilty of a felony conviction for not less than five years up to life imprisonment

 

Va. Code  18.2-67.2(B)

 

Where the offender is three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of  18.2-47 or  18.2-48, (ii)  18.2-89, 18.2-90, or 18.2-91, or (iii)  18.2-51.2 Guilty of a felony conviction for not less than 5 years up to life imprisonment with 25 years as mandatory minimum
Where the offender was 18 years of age or older at the time of commission of the offense Shall be guilty of a felony conviction for not less than 5 years up to life imprisonment with life as mandatory minimum
  

 

 

 

Va. Code  18.2-67.2(C)

Upon a finding of guilt, when a spouse is the complaining witness in any case tried by the court without a jury

 

The court without entering a judgment of guilt upon motion of the defendant who had not been previously convicted and with the consent of the complaining witness and the Commonwealth attorney, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy.

If the defendant fails to complete the counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided.

If such counseling is completed, the court may discharge the defendant and dismiss the proceedings against him with the views of the complaining witness and such other evidence as may be relevant.

If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is convicted for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant’s life, subject to revocation by the court.For a violation under this section against a spouse may be suspended upon the defendant’s completion of counseling or therapy, after consideration of the views of the complaining witness and such other evidence, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.

Object Sexual Penetration Defense In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Courts we cover in Fairfax, Virginia

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

Article written by A Sris
Click to Chat

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.

Carnal Knowledge Virginia Laws 18.2-64.1 Fairfax

Carnal Knowledge Defense Fairfax – Virginia Lawyers

There are many different penalties for Carnal Knowledge charges in Fairfax, Virginia.

If you have been charged with Carnal Knowledge in Fairfax, Virginia, contact our law firm immediately for help.

Carnal Knowledge Virginia Laws 18.2-64.1 Fairfax
Carnal Knowledge Virginia Laws 18.2-64.1 Fairfax

Carnal Knowledge Defense In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

18.2-64.1

18.2-64.1. Carnal knowledge of certain minors.

If any person providing services, paid or unpaid, to juveniles under the purview of the Juvenile and Domestic Relations District Court Law, or to juveniles who have been committed to the custody of the State Department of Juvenile Justice, carnally knows, without the use of force, any minor fifteen years of age or older, when such minor is confined or detained in jail, is detained in any facility mentioned in 16.1-249, or has been committed to the custody of the Department of Juvenile Justice pursuant to 16.1-278.8, knowing or having good reason to believe that (i) such minor is in such confinement or detention status, (ii) such minor is a ward of the Department of Juvenile Justice, or (iii) such minor is on probation, furlough, or leave from or has escaped or absconded from such confinement, detention, or custody, he shall be guilty of a Class 6 felony.

For the purposes of this section, “carnal knowledge” includes the acts of sexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse, and animate and inanimate object sexual penetration.

 Virginia Statute  

Condition

 

Penalties

Va. Code  18.2-64.1

Carnal knowledge of certain minors

Any person providing services, paid or unpaid to juveniles under the purview of the Juvenile and Domestic Relations District Court Law or who have been committed to the custody of the State Department of Juvenile Justice, carnally knows, without the use of force that any minor fifteen years of age or older who is confined or detained in jail as mentioned in  16.1-249, or has been committed to the custody of the Department of Juvenile Justice pursuant to  16.1-278.8, knowing or having good reason to believe that:

  1. such minor is in such confinement or detention status,
  2. such minor is a ward of the Department of Juvenile Justice, or
  3. such minor is on probation, furlough, or leave from or has escaped or absconded from such confinement, detention, or custody

 

Shall be guilty of Class 6 felony
“carnal knowledge” includes the acts of sexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse, and animate and inanimate object sexual penetration

 

Carnal Knowledge Defense In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Courts we cover in Fairfax, Virginia

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

Article written by A Sris
Click to Chat

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.

Sexual Battery Virginia Laws 18.2-67.4 Fairfax

Sexual Battery Defense Fairfax – Virginia Lawyers

There are many different penalties for Sexual Battery charges in Fairfax, Virginia.

If you have been charged with Sexual Battery in Fairfax, Virginia, contact our law firm immediately for help.

Sexual Battery Virginia Laws 18.2-67.4 Fairfax
Sexual Battery Virginia Laws 18.2-67.4 Fairfax

Sexual Battery Defense In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

18.2-67.4

18.2-67.4. Sexual battery.

A. An accused is guilty of sexual battery if he sexually abuses, as defined in 18.2-67.10, (i) the complaining witness against the will of the complaining witness, by force, threat, intimidation, or ruse, (ii) an inmate who has been committed to jail or convicted and sentenced to confinement in a state or local correctional facility or regional jail, and the accused is an employee or contractual employee of, or a volunteer with, the state or local correctional facility or regional jail; is in a position of authority over the inmate; and knows that the inmate is under the jurisdiction of the state or local correctional facility or regional jail, or (iii) a probationer, parolee, or a pretrial defendant or posttrial offender under the jurisdiction of the Department of Corrections, a local community-based probation services agency, a pretrial services agency, a local or regional jail for the purposes of imprisonment, a work program or any other parole/probationary or pretrial services or agency and the accused is an employee or contractual employee of, or a volunteer with, the Department of Corrections, a local community-based probation services agency, a pretrial services agency or a local or regional jail; is in a position of authority over an offender; and knows that the offender is under the jurisdiction of the Department of Corrections, a local community-based probation services agency, a pretrial services agency or a local or regional jail.

B. Sexual battery is a Class 1 misdemeanor.

Virginia

Condition

Penalties

Va. Code  18.2-67.4

Sexual battery

Any person who sexually abuses as defined in  18.2-67.10,

  • The complaining witness against their will by force, threat, intimidation, or ruse,
  • An inmate who has been committed to jail or convicted and sentenced to confinement and the accused is an employee or contractual employee of, or a volunteer in jail and is in a position of authority over the inmate; and knows that the inmate is under the jurisdiction of the state or local correctional facility or regional jail, or
  • A probationer, parolee, or a pretrial defendant or posttrial offender under the jurisdiction of the Department of Corrections, a local community-based probation services agency, a pretrial services agency, a local or regional jail for the purposes of imprisonment, a work program or any other parole/probationary or pretrial services or agency and the accused is an employee or contractual employee of, or a volunteer with, the Department of Corrections, a local community-based probation services agency, a pretrial services agency or a local or regional jail; in a position of authority over an offender; and knows that the offender is under the jurisdiction of the Department of Corrections, a local community-based probation services agency, a pretrial services agency or a local or regional jail
Shall be guilty of a Class 1 misdemeanor

Sexual Battery Defense In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Courts we cover in Fairfax, Virginia

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

Article written by A Sris
Click to Chat

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.

Felony Sexual Assault Virginia Laws 18.2-67.5:3 Fairfax

Felony Sexual Assault Defense Fairfax – Virginia Lawyers

There are many different penalties for Felony Sexual Assault charges in Fairfax, Virginia.

If you have been charged with Felony Sexual Assault in Fairfax, Virginia, contact our law firm immediately for help.

Felony Sexual Assault Virginia Laws 18.2-67.5:3 Fairfax
Felony Sexual Assault Virginia Laws 18.2-67.5:3 Fairfax

Felony Sexual Assault Defense In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

FAIRFAX VIRGINIA LAWYERS -PUNISHMENT UPON CONVICTION OF CERTAIN SUBSEQUENT VIOLENT FELONY SEXUAL ASSAULT STATUE

Va. Code Ann. § 18.2-67.5:3

§ 18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault

A. Any person convicted of more than one offense specified in subsection B, when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in § 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to life imprisonment and shall not have all or any portion of the sentence suspended, provided it is admitted, or found by the jury or judge before whom he is tried, that he has been previously convicted of at least one of the specified offenses.

B. The provisions of subsection A shall apply to convictions for:

    1. Rape in violation of § 18.2-61;
    2. Forcible sodomy in violation of § 18.2-67.1;
    3. Object sexual penetration in violation of § 18.2-67.2;
    4. Abduction with intent to defile in violation of § 18.2-48; or
    5. Conspiracy to commit any offense listed in subdivisions 1 through 4 pursuant to § 18.2-22.

C. For purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth and the offense was committed less than twenty years before the second offense.
The Commonwealth shall notify the defendant in the indictment, information, or warrant, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.

FAIRFAX VIRGINIA LAWYERS -PUNISHMENT UPON CONVICTION OF CERTAIN SUBSEQUENT VIOLENT FELONY SEXUAL ASSAULT

Virginia Statute

Description

Penalties

 

Va. Code Ann. § 18.2-67.5:3 (A)

Punishment upon conviction of certain subsequent violent felony sexual assault

 

Any person convicted of more than one offense specified in subsection B, and who has been at liberty as defined in § 53.1-151 between each conviction.

  1. When such offenses were not part of a common act,
  2. Transaction or scheme, and
Shall, conviction of the second or subsequent such offense, be

  1. Sentenced to life imprisonment and
  2. Shall not have all or any portion of the sentence suspended, provided it is admitted, or
  3. Found by the jury or judge before whom he is tried, that he has been previously convicted of at least one of the specified offenses.
Va. Code Ann. § 18.2-67.5:3(B)

The provisions of subsection A

 

Shall apply to convictions for:

  1. Rape in violation of § 18.2-61;
  2. Forcible sodomy in violation of § 18.2-67.1;
  3. Object sexual penetration in violation of § 18.2-67.2;
  4. Abduction with intent to defile in violation of § 18.2-48; or
  5. Conspiracy to commit any offense listed in subdivisions 1 through 4 pursuant to § 18.2-22.

 

 

Va. Code Ann. § 18.2-67.5:3 (C)

For purposes of this section, prior convictions shall include

Adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and

  • Findings of not innocent, adjudications or
  • Convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth and the offense was committed less than twenty years before the second offense.

The Commonwealth shall notify the defendant in the indictment, information, or warrant, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.

 

Felony Sexual Assault Defense In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Courts we cover in Fairfax, Virginia

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

Article written by A Sris
Click to Chat

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.

Burning Dwelling House Virginia Laws 18.2-77 Fairfax

Arson/Burning A Dwelling House Defense Fairfax – Virginia Lawyers

There are many different penalties for Arson/Burning A Dwelling House charges in Fairfax, Virginia.

If you have been charged with Arson/Burning A Dwelling House in Fairfax, Virginia, contact our firm immediately for help.

Burning Dwelling House Virginia Laws 18.2-77 Fairfax
Burning Dwelling House Virginia Laws 18.2-77 Fairfax

Arson/Burning A Dwelling House Defense In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

FAIRFAX VIRGINIA LAWYERS -BURNING OR DESTROYING DWELLING HOUSE STATUTE

Va. Code Ann. § 18.2-77

§ 18.2-77. Burning or destroying dwelling house, etc

A. If any person maliciously (i) burns, or by use of any explosive device or substance destroys, in whole or in part, or causes to be burned or destroyed, or (ii) aids, counsels or procures the burning or destruction of any dwelling house or manufactured home whether belonging to himself or another, or any occupied hotel, hospital, mental health facility, or other house in which persons usually dwell or lodge, any occupied railroad car, boat, vessel, or river craft in which persons usually dwell or lodge, or any occupied jail or prison, or any occupied church or occupied building owned or leased by a church that is immediately adjacent to a church, he shall be guilty of a felony, punishable by imprisonment for life or for any period not less than five years and, subject to subdivision g of § 18.2-10, a fine of not more than $ 100,000. Any person who maliciously sets fire to anything, or aids, counsels or procures the setting fire to anything, by the burning whereof such occupied dwelling house, manufactured home, hotel, hospital, mental health facility or other house, or railroad car, boat, vessel, or river craft, jail or prison, church or building owned or leased by a church that is immediately adjacent to a church, is burned shall be guilty of a violation of this subsection.

B. Any such burning or destruction when the building or other place mentioned in subsection A is unoccupied, shall be punishable as a Class 4 felony.

C. For purposes of this section, “church” shall be defined as in § 18.2-127.

FAIRFAX VIRGINIA LAWYERS -BURNING OR DESTROYING DWELLING HOUSE, ETC

Virginia Statute

Description

Penalties

  

 

 

 

 

 

Va. Code Ann. § 18.2-77 (A)

Burning or destroying dwelling house,

If any person maliciously

a)                  Burns, or

b)                  By use of any explosive device or

c)                  Substance destroys, in whole or in part, or

d)                  Causes to be burned or destroyed, or

Aids, counsels or procures the burning or destruction of

a)      Any dwelling house or

b)      Manufactured home whether belonging to himself or another, or

c)      Any occupied hotel, hospital, mental health facility, or

d)      Other house in which persons usually dwell or lodge,

e)      Any occupied railroad car, boat, vessel, or

f)       River craft in which persons usually dwell or lodge, or

g)      Any occupied jail or prison, or any occupied church or occupied building owned or

h)      Leased by a church that is immediately adjacent to a church,

Any person who maliciously

a)      Sets fire to anything, or

b)      Aids, counsels or procures the setting fire to anything, by the burning whereof such occupied dwelling house, manufactured home, hotel, hospital, mental health facility or other house, or

c)      Railroad car, boat, vessel, or

d)      River craft, jail or prison, church or building owned or leased by a church that is immediately adjacent to a church, is burned

Shall be guilty of a

felony

  • punishable by imprisonment for life or
  • for any period not less than five years and, subject to subdivision g of § 18.2-10, a fine of not more than $ 100,000.

Shall be guilty of a violation of this subsection.

 

Va. Code Ann. § 18.2-77 (B) Any such burning or destruction when the building or other place mentioned in subsection A is unoccupied, Shall be punishable as a Class 4 felony.
Va. Code Ann. § 18.2-77 (C) For purposes of this section, “church” shall be defined as in § 18.2-127.

Arson/Burning A Dwelling House Defense In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Courts we cover in Fairfax, Virginia

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

Article written by A Sris
Click to Chat

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.

Sexual Solicitation Minor Fairfax Virginia Laws Violation Code 18.2-374.3

Sexual Solicitation Of A Minor Defense Fairfax – Virginia Lawyers

There are many different penalties for Sexual Solicitation Of A Minor charges in Fairfax, Virginia.

If you are dealing with Sexual Solicitation Of A Minor in Fairfax, Virginia, contact our law firm immediately for help.

Sexual Solicitation Minor Fairfax Virginia Laws Violation Code 18.2-374.3
Sexual Solicitation Minor Fairfax Virginia Laws Violation Code 18.2-374.3

Sexual Solicitation Of A Minor In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Archer v. Commonwealth

Facts:

The City of Virginia Beach Circuit Court (Virginia) entered a final judgment of conviction after defendant was found guilty of using a communications system to solicit a person he knew, or had reason to believe, was a minor, for certain sexual offenses, in violation of Va. Code Ann. § 18.2-374.3(B). Defendant appealed.

If you are facing a Sexual Solicitation Of A Minor case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747.

Holdings:

The Fairfax Virginia Court made the following holding:

  • The government may punish adults who provide unsuitable materials to children, and it may enforce criminal penalties for unlawful solicitation. Criminal solicitation involves the attempt of the accused to incite another to commit a criminal offense.
  • Va. Code Ann. § 18.2-374.3(B) proscribes, not the knowing communication of indecent materials to minors, but only the knowing use of a communications system to solicit a minor for certain criminal acts.
  • The power of punishment is vested in the legislative, not in the judicial, department. It is the legislature, not the Court, which is to define a crime, and ordain its punishment. There may be limits to what the legislature may punish as criminal solicitation; for example, it would be illogical and untenable to make solicitation of a non-criminal act a criminal offense.

Sexual Solicitation Of A Minor In Fairfax, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Courts we cover in Fairfax, Virginia

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

Article written by A Sris
Click to Chat

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.

Scroll To Top