Friday, October 31, 2014

Domestic Violence In Virginia Fairfax Lawyer Violation Code 18.2-57.2

Domestic Violence In Virginia

In Virginia, domestic violence is a criminal offense under Va. Code § 18.2-57.2 and is punishable as a Class 1 misdemeanor

Below is a sample case of domestic violence, in violation of Va. Code § 18.2-57.2 in Virginia as interpreted by a lawyer in our firm.

Va. Code Ann. § 18.2-57.2 dealing with penalty for Assault and battery against a family or household members states as follows “Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.”

Have you been charged with domestic violence in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with domestic violence in Virginia?

For a lot of our clients, domestic violence can result in the loss of their job, their security clearance etc.

Don’t risk going to court without a lawyer, if you have been charged with domestic violence 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 and 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.

Arthur v. Commonwealth

Facts:

In a domestic violence case, the Circuit Court of Fairfax (Virginia) convicted defendant of domestic assault and battery, in violation of Va. Code Ann. § 18.2-57.2. 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:

  • Va. Code Ann. § 18.2-57.2(D) incorporates the definition of "family or household member" set forth in Va. Code Ann. § 16.1-228. Pursuant to that definition, any individual who cohabits or who, within the previous twelve months, cohabited with the person is a family or household member. Va. Code Ann. § 16.1-228.
  • Under Va. Code Ann. § 18.2-57.2, the essential elements of cohabitation are: (1) sharing of familial or financial responsibilities and (2) consortium. Possible factors establishing shared familial or financial responsibilities might include provisions for shelter, food, clothing, utilities, and/or commingled assets and that factors that might establish consortium include mutual respect, fidelity, affection, society, cooperation, solace, comfort, aid of each other, friendship, and conjugal relations. Other factors appropriate for consideration, include the length and continuity of the relationship, as well its permanency. However, domestic violence arises out of the nature of the relationship itself, rather than the exact living circumstances of the victim and perpetrator. The factors to be applied are unique to each case and how much weight, if any, to give to each of these factors must be decided on a case-by-case basis by the trier of fact. In other words, these factors are neither binding or exclusive. They merely provide guidance in assessing the relationship between the abuser and the victim; other factors may be considered in making that assessment. The trier of fact must therefore employ a totality-of-the-circumstances analysis to determine whether the victim of the assault and battery and a defendant cohabited, as that term is used in § 18.2-57.2.

If you have been charged with a first time offense of domestic violence 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.

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

Domestic Violence In Virginia Fairfax Lawyer Violation Code 18.2-57.2

Domestic Violence In Virginia

In Virginia, domestic violence is a criminal offense under Va. Code § 18.2-57.2 and is punishable as a Class 1 misdemeanor

Below is a sample case of domestic violence, in violation of Va. Code § 18.2-57.2 in Virginia as interpreted
by a lawyer in our firm.

Va. Code Ann. § 18.2-57.2 dealing with penalty for Assault and battery against a family or household members states as follows “Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.”

Have you been charged with domestic violence in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with domestic violence in Virginia?

For a lot of our clients, domestic violence can result in the loss of their job, their security clearance etc.

Don’t risk going to court without a lawyer, if you have been charged with domestic violence 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 and 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.

Neil v. Commonwealth

Facts:

In a domestic violence case, Defendant was convicted in the Circuit Court of Fairfax, Virginia, of two counts of third-offense domestic assault and battery in violation of Va. Code Ann. § 18.2-57.2(B), based on his battering a "family or household member" as defined in Va. Code § 16.1-228. He appealed, challenging a ruling excluding evidence, the sufficiency of the evidence, and the trial court's subject matter jurisdiction.

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. § 18.2-57.2 provides that any person who commits an assault and battery against a family or household member is guilty of a criminal offense as prescribed therein. It incorporates by reference the definition of "family or household member" contained in Va. Code Ann. § 16.1-228, which provides that "family or household member" means (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time; or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person
  • A circuit court does not err in exercising subject matter jurisdiction to determine parentage for purposes of adjudicating a defendant's guilt on charges of felony domestic assault, whether or not other proceedings involving a determination of parentage are then pending in the juvenile and domestic relations district court.

If you have been charged with a first time offense of domestic violence 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.

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.

Domestic Violence Virginia Fairfax Attorneys Violation Code 18.2-57.2

Domestic Violence In Virginia


In Virginia, domestic violence is a criminal offense under Va. Code § 18.2-57.2 and is punishable as a Class 1 misdemeanor

Below is a sample case of domestic violence, in violation of Va. Code § 18.2-57.2 in Virginia as interpreted by a lawyer in our firm.

Va. Code Ann. § 18.2-57.2 dealing with penalty for Assault and battery against a family or household members states as follows “Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.”

Have you been charged with domestic violence in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with domestic violence in Virginia?

For a lot of our clients, domestic violence can result in the loss of their job, their security clearance etc.

Don’t risk going to court without a lawyer, if you have been charged with domestic violence 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 and 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.

Wright v. Commonwealth

Facts:

In a domestic violence case, the Circuit Court of Fairfax (Virginia) convicted defendant of domestic assault and battery third or subsequent offense, in violation of Va. Code Ann. § 18.2-57.2(B). 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:

  • The sole difference between the felony offense of domestic assault and battery, and the lesser-included misdemeanor offense, both codified in Va. Code Ann. § 18.2-57.2, is the requirement of prior convictions for offenses occurring on different days.

If you have been charged with a first time offense of domestic violence 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.

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

Domestic Violence In Virginia Fairfax Lawyer Violation Code 18.2-57.2

Domestic Violence In Virginia

In Virginia, domestic violence is a criminal offense under Va. Code § 18.2-57.2 and is punishable as a Class 1 misdemeanor

Below is a sample case of domestic violence, in violation of Va. Code § 18.2-57.2 in Virginia as interpreted by a lawyer in our firm.

Va. Code Ann. § 18.2-57.2 dealing with penalty for Assault and battery against a family or household members states as follows “Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.”

Have you been charged with domestic violence in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with domestic violence in Virginia?

For a lot of our clients, domestic violence can result in the loss of their job, their security clearance etc.

Don’t risk going to court without a lawyer, if you have been charged with domestic violence 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 and 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.

Miles v. Commonwealth

Facts:

In a domestic violence case in Fairfax, Appellant challenged his bench trial conviction for assault and battery against a family or household member in violation of Va. Code Ann. § 18.2-57.2. (Michie 1995 Repl. Vol. 1997), his third such conviction within 10 years, making it punishable as a Class 6 felony, contending the evidence was insufficient to establish the woman he was convicted of assaulting and battering was a family or household member.

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:

  • Courts construe a statute to promote the end for which it was enacted, if such an interpretation can reasonably be made from the language used. The plain, obvious, and rational meaning of a statute is always preferred to any curious, narrow or strained construction. Although penal laws are to be construed strictly against the Commonwealth, they ought not to be construed so strictly as to defeat the obvious intent of the legislature.
  • In Virginia , the legislature has concluded that assault on a family or household member is more serious than assault on a stranger. Va. Code Ann. §§ 18.2-57, 18.2-57.2.

If you have been charged with a first time offense of domestic violence 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.

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.

Domestic Violence In Virginia Fairfax Lawyer Violation Code 18.2-57.2

Domestic Violence In Virginia


In Virginia, domestic violence is a criminal offense under Va. Code § 18.2-57.2 and is punishable as a Class 1 misdemeanor

Below is a sample case of domestic violence, in violation of Va. Code § 18.2-57.2 in Virginia as interpreted by a lawyer in our firm.

Va. Code Ann. § 18.2-57.2 dealing with penalty for Assault and battery against a family or household members states as follows “Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.”

Have you been charged with domestic violence in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with domestic violence in Virginia?

For a lot of our clients, domestic violence can result in the loss of their job, their security clearance etc.

Don’t risk going to court without a lawyer, if you have been charged with domestic violence 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 and 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.

Kyle v. Commonwealth

Facts:

In a domestic violence case, the Defendant was convicted in the Circuit Court of Fairfax, Virginia, of two counts of third-offense domestic assault and battery in violation of Va. Code Ann. § 18.2-57.2(B), based on his battering a "family or household member" as defined in Va. Code § 16.1-228. He appealed, challenging a ruling excluding evidence, the sufficiency of the evidence, and the trial court's subject matter jurisdiction.

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 admissibility of evidence is within the broad discretion of the trial court, and a ruling will not be disturbed on appeal in the absence of an abuse of discretion.
  • Va. Code Ann. § 18.2-57.2 provides that any person who commits an assault and battery against a family or household member is guilty of a criminal offense as prescribed therein. It incorporates by reference the definition of "family or household member" contained in Va. Code Ann. § 16.1-228, which provides that "family or household member" means (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time; or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person.

If you have been charged with a first time offense of domestic violence 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.

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

Domestic Violence In Virginia Fairfax Lawyer Assault Evidence

Domestic Violence In Virginia


In Virginia, domestic violence is a criminal offense under Va. Code § 18.2-57.2 and is punishable as a Class 1 misdemeanor

Below is a sample case of domestic violence, in violation of Va. Code § 18.2-57.2 in Virginia as interpreted by a lawyer in our firm.

Va. Code Ann. § 18.2-57.2 dealing with penalty for Assault and battery against a family or household members states as follows “Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.”

Have you been charged with domestic violence in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with domestic violence in Virginia?

For a lot of our clients, domestic violence can result in the loss of their job, their security clearance etc.

Don’t risk going to court without a lawyer, if you have been charged with domestic violence 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 and 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.

Parker v. Commonwealth

Facts:

In a domestic violence case, the Commonwealth appealed an order from the Circuit Court of Fairfax (Virginia) which granted defendant's motion to suppress all evidence resulting from an allegedly illegal entry into defendant's home in an action involving an indictment against defendant for two counts of domestic assault and battery on a police officer.

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:

  • U.S. Const. amend. IV protects people from unreasonable searches and seizures. In terms that apply equally to seizures of property and to seizures of persons, U.S. Const. amend. IV has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant. Among the circumstances accepted as providing "exigent circumstances" for a warrantless search or seizure in a private residence are those where a true "emergency" exists. The court does not question the right of the police to respond to emergency situations. U.S. Const. amend. IV does not bar police officers from making warrantless entries and searches when they reasonably believe that a person within is in need of immediate aid. The need to protect or preserve life or avoid serious injury is justification for what would be otherwise illegal absent an exigency or emergency. A warrantless search must be strictly circumscribed by the exigencies which justify its initiation.
  • The court must determine whether the law enforcement officers had probable cause at the time of their warrantless entry to believe that cognizable exigent circumstances were present. The court evaluates the existence of probable cause under a standard of objective reasonableness. The officers are not required to possess either the gift of prophecy or the infallible wisdom that comes only with hindsight. They must be judged by their reaction to circumstances as they reasonably appeared to trained law enforcement officers to exist when the decision to enter was made.


If you have been charged with a first time offense of domestic violence 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.

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

Domestic Violence In Virginia Fairfax Lawyer Household Members

Domestic Violence In Virginia

In Virginia, domestic violence is a criminal offense under Va. Code § 18.2-57.2 and is punishable as a Class 1 misdemeanor

Below is a sample case of domestic violence, in violation of Va. Code § 18.2-57.2 in Virginia as interpreted by a lawyer in our firm.

Va. Code Ann. § 18.2-57.2 dealing with penalty for Assault and battery against a family or household members states as follows “Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.”

Have you been charged with domestic violence in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with domestic violence in Virginia?

For a lot of our clients, domestic violence can result in the loss of their job, their security clearance etc.

Don’t risk going to court without a lawyer, if you have been charged with domestic violence 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 and 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.

Bao Do v. Commonwealth

Facts:

In a domestic violence case, the Defendant challenged his convictions for two counts of assault and battery on a family or household member, third or subsequent offense, Va. Code Ann. § 18.2-57.2, after a bench trial in the Circuit Court of Fairfax (Virginia). He contended the evidence was insufficient to support either conviction.

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 credibility of the witnesses and the weight accorded the evidence are matters solely for the fact finder who has the opportunity to see and hear that evidence as it is presented.

If you have been charged with a first time offense of domestic violence 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.

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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