by Faraji Rosenthall | Mar 23, 2015 | Assault, Criminal Law
Virginia Assault and Battery Laws: How Are These Cases Prosecuted In Northern Virginia? Is assault and battery the same? Find the distinction between the two here. The terms assault and battery are often used interchangeably but these are two separate crimes. What Is Assault? Assault is the act of intentionally attemptingphysical harm toward another. No physical contact needs to be made during an assault. The prosecution must also prove that the defendant had the capacity to inflict harm on the victim. Common Examples of Assault If someone swings a bat at another during a heated argument, even if there was no impact, this is considered assault. Another instance would be if two friends were arguing, and one of them points an unloaded gun without shooting. What is Battery? Battery on the other hand, is the act of inflicting physical harm on someone deliberately, however minor or severe. One of the main denominators of this crime is that the perpetrator made physical contact in an aggressive manner.Battery can also be the result of indirect contact via an object or weapon. A Key Pointer Regarding Battery Even though battery constitutes touching, not every case of unwanted contact is considered battery. Here’s an illustration: a stranger commuting to and from work may tap someone on the shoulder to inquire about directions. Even if this “physical contact” is unwarranted, it’s not considered to be battery, since no harm was made or intended. Common Examples of Battery An irate airline passenger spits on a hostess out of anger for failing to deliver his request. There are further aggravating circumstances to battery such as causing...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
The Top Consequences of Possessing Cocaine in Fairfax County What are you facing if you’re found in possession of cocaine in Fairfax, County, Virginia? Read more here. Possession of cocaine is considered to be a felony offense, and the penalties consist of up to ten years imprisonment, and up to $2500 in fines. However, offenders rarely see jail time in actuality. Unless you have a particularly bad record, probation without incarceration is likely. Additionally, if you have never been arrested for a drug charge before you will be eligible for first offender disposition. Under a first offender disposition, you are required to complete probation for either 12 or 24 months, drug awareness classes, pay court costs and also have your driver’s license suspended for 6 months. If you successfully complete all these requirements and stay out of further legal trouble, your case will be dismissed at the end. Additionally, the way the program is set up you avoid a conviction. While there will be a blemish on your record if you are applying for school or a job, you can check “no” to the question have you ever been convicted of crime. Defenses The top defenses to fight a cocaine possession charge in Fairfax County include: Defendant Was Unaware – the cocaine did not belong to you, and you were not aware of its existence. In other words, you were setup. Illegal Search and Seizure – some jurisdictions require that a court issued search warrant is in effect before a search and seizure is performed. Otherwise, the evidence is usually dismissed in court. Police Entrapment – were you the...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
Should you take a driving improvement course before your Reckless Court date? Fairfax County judges will not order people to complete a driver improvement class. This happens in many other jurisdictions in Virginia, but the volume of cases handled by the Fairfax court makes monitoring completion unfeasible. Instead you can take the class on your own, either before or after court. This may make sense in some cases, in others it can actually have a negative impact. The biggest reasons to take a class are to improve your driving record demerit point balance and to show the judge that you are taking the matter seriously. In order to know whether you should take a class you first need to know how the Virginia demerit point system works and also your personal point balance. In Virginia, all drivers start out with a zero point balance when they first get their drivers licenses. Every year that you drive without a ticket you get a positive point. Positive points are capped at 5, meaning a balance of +5 is considered a perfect score. Every time you are convicted of a driving violation (including tickets that you pay before court), you receive a reduction in the number of points associated with that ticket. (Review the DMV website for information about the demerit point value of various infractions.) So for example, if you first received your license two years ago and have never gotten a ticket your score would be a +2. Typically any positive score is considered a good record. Then if you were convicted of Reckless Driving you would have your score...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
Reckless Driving Ticket Options Can you pay for a reckless driving ticket in Fairfax and forget about it? Learn the rules and regulations regarding reckless driving here. A reckless driving ticket isn’t a simple pay-and-go traffic offense. It’s technically a criminal offense and you’ll need to go to court. This isn’t as scary as it seems, but it does change the process somewhat. You can’t simply pay before court. You can hire a lawyer who can appear on your behalf, but you will need to make sure you either go or have a lawyer go for you. A judge may just give you a fine if you fail to appear, however it is possible they issue a warrant for your arrest. This typically only happens at very high speeds, with very dangerous driving behavior or if your record is exceptionally bad. In terms of options, some recommendations include: Plea Bargains – ask a lawyer if you should pursue a plea bargain, and if successful, the charge may be dismissed or lowered to an improper driving offense. This isn’t a crime, but a civil infraction. Pleading not guilty – Virginia outlines many ways that a reckless driving arrest can take place. Drivers can challenge the evidence. As an example, if you were charged with reckless driving through speeding, a speedometer calibration can be completed to prove that you were driving within limits, and that you were not driving recklessly. The average cost of a reckless driving ticket or fine varies, but is between about $100-300. The fine is not really the biggest concern as there’s a good chance you’ll end...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
Possession with the Intent to Distribute (or PWID) Cocaine Drug charges are serious offenses in Virginia. One drug offense heavily pursued and prosecuted in Fairfax County Virginia is possession with the intent to distribute cocaine, sometimes known as PWID cocaine. Selling or even just having while intending to sell cocaine is criminalized under Virginia statute 18.2-248. Critically, the PWID statute also illegalizes the manufacturing, possession with the intent manufacture and even the gifting of cocaine. This means that a person can be charged with PWID for giving or even intending to give cocaine to another for free. Punishment for a PWID cocaine conviction varies in Virginia depending on the number of prior offenses and the amount of cocaine involved. A first time conviction carries a sentence of between five and forty years and a fine of up to $500,000. Upon a second conviction, the sentence runs from five years to life, carries a fine up to $500,000 and imposes a three year mandatory minimum sentence. The sentence for the third-offense is essentially the same as that for a second offense, except it carries a mandatory minimum of 10 years. In some circumstances, a PWID involving more than 500 grams of cocaine can also result in a mandatory minimum of 5 years. PWID involving a kilogram or more of cocaine carries a mandatory minimum of twenty years. What is Required to Prove PWID? The good news is that Virginia actually has a relatively high bar of proof when it comes to PWID cocaine. Like with a drug possession case, the Commonwealth’s Attorney must convince a jury beyond a reasonable doubt...
