Home » Blog » assault

Deadlines to initiate Virginia misdemeanor cases- View of Fairfax lawyer

Deadlines for initiating Virginia misdemeanor prosecutions -- also known as the statute of limitations -- are generally one year. As a Fairfax criminal lawyer, I know that limitations are placed on prosecuting misdemeanors so that potential crime suspects may avoid spending their entire lives not...

Trespassing conviction may not bar a burglary prosecution in Virginia

Trespassing may be prosecuted in Virginia both for remaining on property after the owner's authorized agent says to leave, and entering property posted against doing so. Va. Code § 18.2-119. As a Fairfax criminal lawyer, I know that such a conviction does not automatically preclude...

Caregivers and minors – Fairfax criminal lawyer on reckless disregard

Caregivers should think twice before agreeing to be entrusted with minors. As a Fairfax criminal lawyer, I know this by simply considering the following Virginia statute: "Any parent, guardian, or other person responsible for the care of a child under the age of 18 whose...

Strangulation prosecutions in Virginia – Fairfax assault lawyer

Strangulation is a felony in Virginia, versus simple assault being a misdemeanor. As a Fairfax criminal lawyer, I know that a strangulation conviction does not require extreme choking. Virginia's strangulation statute provides that: "Any person who ... impedes the blood circulation or respiration of another...

Assault defenses in Virginia – Fairfax criminal lawyer

Assault defenses when unwanted touching is alleged - Fairfax criminal lawyer. Assault defenses in Virginia include demonstrating that the defendant's touching was "justified or excused.” Perkins v. Virginia, 31 Va. App. 326 (2000). As a Fairfax criminal lawyer, I know that although a "kiss is...

Virginia criminal defense- Preserving double jeopardy protection

Any time a criminal defendant is charged with multiple offenses, it is time for the defendant's lawyer to check for double jeopardy issues. Double jeopardy protection not only applies against being tried twice on different occasions for the same offense -- U.S. Const. Amend. V...

Virginia criminal law allows for lifetime probation & no contact

On September 22, 2016, the Virginia Supreme Court recounted a horror story of Minh Duy Du's committing statutory rape against his 13 year old half sister, and then using a baseball bat to bash the heads of his father and stepmother -- who tried to...