assault
Beware throwing that punch if you do not want a manslaughter conviction
As banal and even irritating as the admonition sounded when I was in public school, a person can avoid plenty of aggravation and heartache by always keeping his hands to himself, unless needed for self defense.
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...
Virginia homicide defense and self defense – No obligation to retreat in one’s own home
Alcohol and guns do not mix. Inside defendant/appellant Marvin Hines's home, Wayne Hudson -- drunk since the previous afternoon -- was in "the heat of this out-of-control temper tantrum," while having a gun in his hand. Hines walked away to obtain Hines's own handgun and...
Enabling the jury to convict on a lesser count
In Virginia, “'A defendant is entitled to have the jury instructed only on those theories of the case that are supported by [more than a scintilla of] evidence.'" Witherow v. Virginia, ___ Va. App. ___ (Dec. 1, 2015) (quoting Eaton v. Virginia, 240 Va....