Posts Tagged ‘Richmond Virginia’
Virginia Reckless Driving Defense
Former Prosecutors & Police Officers
The state of Virginia has some of the harshest reckless driving laws.
The state of Virginia has 14 laws specifically addressing reckless driving.
The Virginia courts are extremely strict on drivers charged with reckless driving. Out of state drivers are shocked to find that reckless driving is a criminal offense in the state of Virginia.
If you have received a reckless driving ticket from a Virginia state trooper or local officer in Virginia, seriously consider at least talking to a Virginia reckless driving lawyer.
The SRIS Law Group Virginia reckless driving lawyers have defended many clients who have been charged with driving recklessly in the state of Virginia.
Call today to speak with a SRIS Law Group Virginia reckless driving lawyer.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Fredericksburg & Manassas to better to serve you.
VIRGINIA SEX CRIME DEFENSE
FORMER PROSECUTORS & POLICE OFFICERS
If you are charged with a sex crime in Virginia, do you need just a plain old criminal lawyer or do you need a lawyer who has specific experience in defending clients charged with a sex crime.
Would you rather go to a general physician for a heart problem or go to a cardiologist?
The laws in Virginia are constantly changing and you need a lawyer who is current with the specific laws that apply to your case.
The field of sex crimes defense requires a lot of experience. You need a Virginia lawyer who is aware of what type of treatment provider is necessary for a sex crime.
You also need a Virginia sex crime defense lawyer who can understands what a judge will likely do if you take a plea vs. take the case to trial.
Lastly, you need a Virginia sex crime defense attorney who has actually taken a sex crime case to trial before a jury.
If you are facing a sex crime in Virginia, contact the SRIS Law Group Virginia sex crime defense lawyers for help.
A SRIS Law Group Virginia Sex crime defense lawyer will discuss the case with you and advise you of your options.
Call today to speak with a Virginia sex crime defense attorney to discuss your case and your future.
Offices in: Fairfax, Richmond, Virginia Beach, Lynchburg, Fredericksburg & Manassas.
Types of Sex Crimes Cases We Handle:
- Sexual Battery
- Aggravated Sexual Battery
- Indecent Liberties With A Minor
- Solicitation of A Minor
- Rape
- Object Sexual Penetration
FORMER PROSECUTORS & POLICE OFFICERS
DEFENDING SEXUAL BATTERY CRIMES IN VIRGINIA
Just because a person is accused of a sex crime does not mean that they are guilty of the charge nor does it mean they are going to jail.
However, a sex crime conviction in Virginia can result in severe penalties if the client is not defended properly. Some of the most commonly charged sex crimes in Virginia are object sexual penetration, aggravated sexual battery & sexual battery.
If you are charged with a sex crime violation in Virginia, you need experienced sex crimes defense attorneys to defend you.
The SRIS Law Group has a history of defending clients charged with sex crimes in Virginia. Our former prosecutors & police officers have successfully defended clients charged with sex crimes in Virginia.
No honest lawyer can give you a guarantee as to the outcome of your case. However, experience counts when defending sex crimes.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg to better serve you.
Two guarantee a SRIS Law Group Virginia criminal defense lawyer will give you:
- We guarantee we will do our best to defend you
- We will do our best to keep you updated as to the status of your case. We will do our best to return all phone calls within 8 hours.
You cannot take a chance when your future is on the line.
The following are some of the different sex crimes we defend in Virginia:
- 18.2-67.2. Object sexual penetration; penalty.
- 18.2-67.3. Aggravated sexual battery; penalty.
- 18.2-67.4. Sexual battery.
- 18.2-67.5. Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery.
- 18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault.
- 18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault.
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. The penalty 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, shall include a mandatory minimum term of confinement of 25 years. 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.
18.2-67.3. Aggravated sexual battery; penalty.
A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and
1. The complaining witness is less than 13 years of age, or
2. The act is accomplished through the use of the complaining witness’s mental incapacity or physical helplessness, or
3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age, or
4. The act is accomplished against the will of the complaining witness by force, threat or intimidation, and
a. The complaining witness is at least 13 but less than 15 years of age, or
b. The accused causes serious bodily or mental injury to the complaining witness, or
c. The accused uses or threatens to use a dangerous weapon.
B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.
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 or post trial offender under the jurisdiction of the Department of Corrections, a local community-based probation program, a pretrial services program, a local or regional jail for the purposes of imprisonment, a work program or any other parole/probationary or pretrial services program and the accused is an employee or contractual employee of, or a volunteer with, the Department of Corrections, a local community-based probation program, a pretrial services program 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 program, a pretrial services program or a local or regional jail.
B. Sexual battery is a Class 1 misdemeanor.
18.2-67.5. Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery.
A. An attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration shall be punishable as a Class 4 felony.
B. An attempt to commit aggravated sexual battery shall be a felony punishable as a Class 6 felony.
C. An attempt to commit sexual battery is a Class 1 misdemeanor.
18.2-67.5:1. Punishment upon conviction of third misdemeanor offense.
When a person is convicted of sexual battery in violation of 18.2-67.4, attempted sexual battery in violation of subsection C of 18.2-67.5, a violation of 18.2-371 involving consensual intercourse with a child, indecent exposure of himself or procuring another to expose himself in violation of 18.2-387, or a violation of 18.2-130, and it is alleged in the warrant, information or indictment on which the person is convicted and found by the court or jury trying the case that the person has previously been convicted within the ten-year period immediately preceding the offense charged of two or more of the offenses specified in this section, each such offense occurring on a different date, he shall be guilty of a Class 6 felony.
18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault.
A. Any person convicted of (i) more than one offense specified in subsection B or (ii) one of the offenses specified in subsection B of this section and one of the offenses specified in subsection B of 18.2-67.5:3 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 the maximum term authorized by statute for such offense, and shall not have all or any part of such sentence suspended, provided it is admitted, or found by the jury or judge before whom the person 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 felony convictions for:
1. Carnal knowledge of a child between thirteen and fifteen years of age in violation of 18.2-63 when the offense is committed by a person over the age of eighteen;
2. Carnal knowledge of certain minors in violation of 18.2-64.1;
3. Aggravated sexual battery in violation of 18.2-67.3;
4. Crimes against nature in violation of subsection B of 18.2-361;
5. Adultery or fornication with one’s own child or grandchild in violation of 18.2-366;
6. Taking indecent liberties with a child in violation of 18.2-370 or 18.2-370.1; or
7. Conspiracy to commit any offense listed in subdivisions 1 through 6 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 writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.
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 writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.
Trial court properly suspended visitation rights of a father where the father had sexually abused the child and she experienced severe trauma every time she had contact with the father, or even when the trial court scheduled such visitation.
Going thru a child custody case is one of the most stressful experiences you will go through in your entire life.
The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a child custody case.
If you are in the unfortunate position of having to file for child custody in Virginia or you have been served with a child custody complaint in Virginia, you need the help of an experienced child custody lawyer in Virginia.
The SRIS Law Group Virginia child custody lawyers have a thorough understanding of the child custody laws in Virginia and how the Virginia child custody laws may apply to your case.
Our Virginia child custody attorneys have helped many clients who are going through a child custody case in Virginia.
If you need help with a Virginia child custody case, contact us for help at 888-437-7747.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg
An uncontested divorce decree in favor of a former wife properly included money that a former husband saved subsequent to his departure from the marital home and a monetary gift from his mother in the equitable assignment of marital property.
Going through a divorce is one of the most stressful experiences you will go through in your entire life.
The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a divorce.
If you are in the unfortunate position of having to file for a divorce in Virginia or you have been served with a divorce complaint in Virginia, you need the help of an experienced divorce lawyer in Virginia.
The SRIS Law Group Virginia divorce lawyers have a thorough understanding of the divorce laws in Virginia and how the Virginia divorce laws may apply to your case.
Our Virginia divorce attorneys have helped many clients who are going through a divorce in Virginia.
If you need help with a Virginia divorce, contact us for help at 888-437-7747.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg.
Consideration of the conduct of plaintiff husband and defendant wife during the marriage to determine the division of marital assets was not erroneous; award of rehabilitative alimony to defendant and deferment of sale of home were not erroneous.
Going through a spousal support case is one of the most stressful experiences you will go through in your entire life.
The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a spousal support case.
If you are in the unfortunate position of having to file for spousal support in Virginia or you have been served with a spousal support complaint in Virginia, you need the help of an experienced spousal support lawyer in Virginia.
The SRIS Law Group Virginia spousal support lawyers have a thorough understanding of the spousal support laws in Virginia and how the Virginia spousal support laws may apply to your case.
Our Virginia spousal support attorneys have helped many clients who are going through a spousal support case in Virginia.
If you need help with a Virginia spousal support case, contact us for help at 888-437-7747.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg
The family court had authority to reopen the final judgment of divorce based upon the fraud allegations regarding the ex-husband’s true value of his assets and income, but the sanctions for discovery misconduct had to be recalculated.
There are many different terms for a property settlement agreement in Virginia. Some people in Virginia call it a legal separation agreement, Virginia prenup, etc.
If you think you need a property settlement agreement or a legal separation agreement in Virginia; you need an experienced property settlement agreement attorney in Virginia to discuss the different issued involved with a legal separation agreement.
The SRIS Law Group Virginia property settlement agreement attorneys have the experience and knowledge necessary to guide you through the possible issues that may arise with a Virginia legal separation agreement.
Our Virginia legal separation agreement attorneys have helped many clients with a property settlement agreement in Virginia can help you with your property settlement agreement in Virginia.
Call us today at 888-437-7747 for help with your property settlement agreement in Virginia.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg.
Reckless Driving Due to Speeding In Virginia
Former Prosecutors & Former Cops – Defense Attorneys
Have you been charged with reckless driving due to speeding in Virginia?
Speeding in Virginia can result in a Virginia reckless driving ticket. You may be asking how speeding can result in a Virginia reckless driving ticket.
Virginia has a reckless driving law that states speeding more than 20 miles in excess of the posted speed limit is reckless driving.
Also, if you are charged with speeding in excess of 80 miles per hour, you can be charged with reckless driving due to speeding in Virginia.
If you have been charged with reckless driving due to speeding in Virginia, you need an experienced Virginia reckless driving lawyer to defend you.
Contact the SRIS Law Group to speak with an experienced Virginia reckless driving lawyer today.
When you speak with a SRIS Law Group Virginia reckless driving lawyer, you will learn about the Virginia reckless driving ticket you are facing and what steps you need to take to best prepare your defense.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Fredericksburg & Manassas.
Virginia Petit Larceny Defense Lawyer
What is the definition of Petit Larceny in Virginia?
Virginia Code 18.2-96 defines Petit Larceny in Virginia.
Virginia Petit Larceny Code:
Virginia Code Section 18.2-96 defines petit larceny as
- larceny from the person of another of money or other thing of value of less than $5, or
- simple larceny not from the person of another of goods and chattels of the value of less than $200.
Petit Larceny is punishable as a Class 1 Misdemeanor.
If you have been charged with petit larceny (Virginia 18.2-96), contact the SRIS Law Group Virginia larceny defense lawyers for help.
Our Virginia larceny defense attorneys help clients defend against any type of larceny crime in Virginia.
The Virginia larceny defense lawyers of the SRIS Law Group defend client throughout Virginia: We have offices in:
Fairfax, Richmond, Virginia Beach Lynchburg, Manassas & Fredericksburg.
VIRGINIA GRAND LARCENY DEFENSE
What is the definition of grand larceny in Virginia?
Grand Larceny is defined in Virginia Code 18.2-95
Virginia Code Section 18.2-95 defines grand larceny as:
• larceny from the person of another of money or other thing of value of $5 or more,
• simple larceny not from the person of another of goods and chattels of the value of $200 or more, or
• simple larceny not from the person of another of any firearm, regardless of the firearm’s value.
Grand larceny carries a maximum sentence of imprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, confinement in jail for a period not exceeding twelve months and/or a fine of not more than $2,500.
If you have been charged with grand larceny (Virginia Code 18.2-95) in Virginia, keep in mind that it is a felony.
Contact a SRIS Law Group Virginia grand larceny lawyer to defend you if you have been charged with a felony larceny crime.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg.
