Virginia Criminal Defense Lawyer
According to domestic violence group, strangulation or choking frequently precedes homicide but is rarely prosecuted. In an effort to change this, Virginia joins a growing number of states to make strangulation a felony offense.
HB752/ SB459 was signed into law by Governor Bob McDonnell a few weeks ago. The law makes strangulation a Class 6 Felony charge, carrying a potential 5 year prison sentence and fines reaching $2,500. [Read more…]
Crime statistics from 2011 were released in the annual crime report Crime in Virginia this past week. According to the report, violent crime was down last year, though drug offenses were on the rise.
The report, released in conjunction with the Virginia State Police, says homicides fell to 3.77 per 100,000 population, after being at 4.61 per 100,000 in 2010. Robberies fell 4%.
Violent crime overall was down 6.2% since 2010.
Property offenses also dropped 2.2%. This includes burglaries, larcenies, and motor vehicle thefts.
Many states and major metropolitan areas have experienced unexplainable drops in crime over the past several years, shattering the long-held belief that crime rates went up in times of economic hardship. Experts can’t explain why this is.
The only crime segment that seemed to rise, according to the report, was drug offenses. In 2008 and 20009, such offenses fell. But in both 2010 and 2011, they rose again. This past year, they climbed 7.1% since the prior year.
Drug offenses, including everything from marijuana possession to heroin distribution, cover a lot of areas. And because drug problems affect nearly all segments of the population, no one is exempt from possible arrest.
Interestingly, the boom in prescription drug use has led to an increase in heroin usage, even among suburban and rural youth. In the past, when heroin was popular, it was mainly seen in urban settings. But the use of prescription opiates has driven people from the suburbs to seek out the far cheaper and more potential alternative.
The Crime in Virginia report is issued annually by the Virginia State Police. It is designed to provide a snapshot of crime across the state, including the hours at which crimes are committed, who the victims are, and offender characteristics. Much of this information will be shared with the federal government in their annual reports as well.
So what does all of this mean for the person accused of a crime? Not a whole lot. Prosecutors will still go after the “bad guy” with zeal, and judges will still continue to penalize those adjudicated guilty with a heavy hand.
If you are accused of a criminal offense, you need someone working on your behalf in this system where it can seem like everyone is against you. Contact us today for a free consultation and to see how we might be able to help.
Thirty year old Shawn Michael Banks was sentenced to a total of 18 years in prison following convictions of stabbing a relative in July of 2008 and assaulting an officer at the jail in November 2008. According to this article from the Culpepper Star Exponent, he is expected to serve at least 10 of those years.
On July 26, 2008, the victim in one of the cases arrived at her grandmother’s apartment around noon. She was sitting at the table when Banks stabbed her in the back. Sarah Banks retreated to a back bedroom while Shawn Banks pursued her with a knife.
The police found the victim laying face down and bleeding when they arrived on the scene. She was treated for injuries to her ribs and lungs from the incident. In total, Ms. Banks spent 9 days in the hospital for her injuries.
Because of the injuries and the weapon used in this assault, Banks was charged with Malicious Wounding and sentenced to 15 years in prison.
The second assault case arose when Mr. Banks spit on a deputy working at the jail where he was being held. For this assault, Banks was sentenced to an additional 3 years in prison.
These assault crimes are quite serious, as the sentence shows. Many other assaults are less damaging but still carry harsh penalties. Basic Assault and Battery is considered a Class A misdemeanor and carries a potential one year jail sentence.
Under Virginia law, who the assault victim is can increase this penalty or add a mandatory minimum sentence to it.
Facing charges like these can change your outlook on life. When the potential for spending years behind bars exists, you can become remorseful and reflective. Whatever the situation that led to your charges was, I hope to help you.
Call us today to discuss the details of your case and to receive some free legal advice.
A Virginia man is being held in a case that left a female acquaintance badly burned. 45 year old James Edward Anderson was riding in the passenger seat of a vehicle with a 37 year old female driver and her 12 year old daughter in the back seat.
Anderson allegedly got angry and sprayed the victim with a flammable liquid before throwing a match on her. According to this article from MyFoxDC.com the victim was able to remove her clothing and the child was able to get out of the vehicle before Anderson left the scene in the car.
The victim flagged down a passing motorist who assisted by calling authorities.
What’s not clear is the relationship between Anderson and the victim. The article states that charges have not yet been filed so we can’t say with 100% certainty that this was a domestic assault.
Under Virginia law, a domestic offense doesn’t have to be between two people who are married. If they were in a romantic relationship, this could be a domestic assault.
Even if the two were simply acquaintances, the use of fire in this offense makes it especially heinous. Depending on the extent of the victim’s injuries, there is a chance Anderson could face charges of malicious wounding.
This offense carries a potential sentence of 20 year in prison. If it is determined that the victim could face permanent physical damage, he could face an even more serious charge of aggravated malicious wounding, which carries a potential life sentence.
Other things that may play into the charges Anderson faces and the sentence he may have to serve include his criminal history and the intent of his actions. If it is determined he planned this assault ahead of time, it could exacerbate his charges as well.
Facing charges of domestic assault or malicious wounding is a very serious event. When looking at spending that kind of time behind bars, an experienced attorney is needed to assist with the case.
If you are facing charges of assault and are concerned about the potential outcome, call me today to discuss the details of your case. I can give you some legal advice and perhaps we can work together to make the most of the situation you are in.