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Simple Assault Family Abuse Virginia Lawyer Fairfax

Simple Assault/Family Abuse Defense – Virginia Lawyers

There are many different penalties for Simple Assault/Family Abuse charges in Virginia.

If you have been charged with Simple Assault/Family Abuse in Fairfax Virginia, contact our firm immediately for help.

Simple Assault Family Abuse Fairfax Virginia Lawyer
Simple Assault Family Abuse Fairfax Virginia Lawyer

Simple Assault/Family Abuse 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.

Charlie v. Commonwealth

Facts:

Responding to a domestic incident involving defendant and his live-in girlfriend, several police officers entered defendant’s house without a warrant, asked to speak with his girlfriend outside, and then obtained information from her. Based upon that information, the officers arrested defendant on family abuse charges, where the defendant had committed simple assault on the victim. Defendant was convicted for the offense. Defendant appealed.

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

Holding:

The Virginia Court made the following holding:

  • Where the chain between the challenged evidence and the primary illegality is long or the linkage can be shown only by sophisticated argument, exclusion would seem inappropriate. In such a case it is highly unlikely that the police officers foresaw the challenged evidence as a probable product of their illegality; thus it could not have been a motivating force behind it. It follows that the threat of exclusion could not possibly operate as a deterrent in that situation.
  • But-for causation is decidedly not the test used to determine whether evidence is tainted by an unconstitutional search or seizure such that suppression is an appropriate remedy. Rather, but-for cause, or causation in the logical sense alone, can be too attenuated to justify exclusion. Additionally, the taint of an unlawful search or seizure can dissipate when the causal connection to the purported illegality is remote, when an independent actor’s free will breaks the causal chain, or when, even given a direct causal connection, the interest protected by the constitutional guarantee that has been violated would not be served by suppression of the evidence obtained.

Simple Assault/Family Abuse 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
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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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