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Good Criminal Lawyer

What is aggravated sexual battery in Virginia?

In a sexual abuse case, when a complaining witness who is less than 13 years of age is sexually abused and if the act is accomplished through the use of the complaining witness’s mental incapacity or physical helplessness it would constitute aggravated sexual battery.  It would also constitute aggravated sexual battery if the parent, step-parent, grandparent, or step-grandparent commits the offense against a child who is at least 13 but less than 18 years of age.  It would be aggravated sexual battery if the act of sexual abuse is accomplished against the will of a child by force, threat or intimidation and the abused child is at least 13 but less than 15 years of age or serious bodily or mental injury is caused to the child or a dangerous weapon was used or threatened to be used.

In Virginia, aggravated sexual battery is a criminal offense punishable under Va. Code Ann. § 18.2-67.3 and is 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.

Below is a sample case of aggravated sexual battery in Virginia as interpreted by a lawyer in our firm.

Have you been charged with aggravated sexual battery in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with aggravated sexual battery in Virginia?

Under Va. Code Ann. § 18.2-67.3,

“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
    1. The complaining witness is at least 13 but less than 15 years of age, or
    2. The accused causes serious bodily or mental injury to the complaining witness, or
    3. The accused uses or threatens to use a dangerous weapon…”

For a lot of our clients, aggravated sexual battery can result in the loss of their job, their security clearance or even their immigration status.

Good Criminal Lawyer

Don’t risk going to court without a lawyer, if you have been charged with aggravated sexual battery in Virginia.  Contact our law firm for help and speak with a lawyer today.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Jerald v. Commonwealth

Facts:

Defendant was convicted for the offense of aggravated sexual battery following a trial in the Circuit court in Virginia. Defendant sought review of his criminal conviction based on good grounds.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  • When the police ask questions of a suspect in custody without administering the prescribed warnings, the answers to the questions must be presumed compelled and the answers must be excluded at trial.
  • The complaints of children claiming that they were sexually abused are not admissible under the state-of-mind exception to the hearsay rule.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Good Criminal Lawyer

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.