Rape Defense Lawyers Law Statutes
Rape Defense Lawyers
Virginia Penal § 18.2-61. Rape.
A. If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i) against the complaining witness’s will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness’s mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim, he or she shall be guilty of rape.
B. A violation of this section shall be punishable, in the discretion of the court or jury, by confinement in a state correctional facility for life or for any term not less than five years; the penalty for a violation of subdivision A (iii), 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 (iii), 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.
There shall be a rebuttable presumption that a juvenile over the age of 10 but less than 12, does not possess the physical capacity to commit a violation of this section. 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.
Virginia Penal § 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.
Virginia Penal § 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 the indictment, information, or warrant, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.
Virginia Sex Crime Prohibit Sexually Explicit Material Lawyers Attorneys
Statute prohibiting production of sexually explicit material involving persons less then 18-years-old was not overbroad or vague, and evidence of defendant’s other offenses and expert testimony on prurient interest of materials was admissible.
Prosecution of Child Pornography is on the rise in Virginia
Frequently, innocent possession or receipt of images are being prosecuted by federal prosecutors & state prosecutors in Virginia.
If you have been charged with Child Pornography in Virginia, contact the SRIS Law Group Virginia Child Pornography defense attorneys.
Our Virginia Child Pornography defense lawyers defend cases in both the federal courts of Virginia & the state courts of Virginia.
The VA Child Pornography defense lawyers have the experience and knowledge necessary to defend you against these types of charges.
We have offices in Fairfax, Richmond, Lynchburg, Fredericksburg, Virginia Beach & Manassas.
SRIS Law Group Philosophy
How your case is handled may make all the difference in world as to how your life progresses from this potentially traumatic event. Don’t let someone who will not keep you informed as to the status of your case keep you in the dark. The relationship you have with your attorney during this very difficult period can have a substantial impact on your mental health. You need and deserve a lawyer who is looking out for you.
What you do not want is a lawyer who is engaging in unnecessary litigation. You want a lawyer who will take the time to sit down with you and explain the process and why a particular strategy is being used. You want a lawyer who will listen to you and keep your best interests at heart.
How can a SRIS Law Group lawyer help you?
First and foremost, we will discuss your case with you. We will explain to you the different options you have and the pros and cons of each option. We do not require clients to come in and sit down and talk with us. Certainly, our clients are welcome to come in and talk with us. However, we understand that clients are very busy and may not have the time to come to the office. Therefore, we allow clients to consult with us by phone first and let the clients decide whether they need to come in and meet with their attorney. To learn more about how a SRIS Law Group lawyer can help you, please call us at 888-437-7747 and speak with a lawyer the same day.
If you are dealing with a case, contact the SRIS Law Group attorneys for help. Our lawyers have been helping clients with cases for many years and are experienced at helping clients solve their problems.
Virginia Page County Reckless Driving Negligence Defense Jury Verdict Lawyers Attorneys
Judgment entered in favor of a driver following a jury’s verdict for the driver was affirmed as the trial court properly instructed the jury regarding the driver’s alleged negligence and recklessness and the defense of comparative negligence.
Reckless driving is a very serious crime in Virginia.
The SRIS Law Group Virginia Reckless driving attorneys can defend you against any type of Reckless driving charge
Our Virginia Reckless driving lawyers have the experience to defend you against any type of Reckless driving charge.
Contact a SRIS Law Group Virginia Reckless driving lawyer in Virginia.
Virginia Child Pornography Distribute Sexual Exploitation Illegal Websites Lawyers Attorneys
Virginia Man Gets 150-Year Term in Child Pornography Case
Gregory J. Mitchel, pleaded guilty in January to charges involving the sexual exploitation of boys and the operation of illegal Web sites. Mr. Mitchel was an administrator on several of the sites and admitted in his plea to producing and distributing child pornography.
Prosecution of Child Pornography is on the rise in Virginia
Frequently, innocent possession or receipt of images are being prosecuted by federal prosecutors & state prosecutors in Virginia.
If you have been charged with Child Pornography in Virginia, contact the SRIS Law Group Virginia Child Pornography defense attorneys.
Our Virginia Child Pornography defense lawyers defend cases in both the federal courts of Virginia & the state courts of Virginia.
The VA Child Pornography defense lawyers have the experience and knowledge necessary to defend you against these types of charges.
We have offices in Fairfax, Richmond, Lynchburg, Fredericksburg, Virginia Beach & Manassas.
Virginia Sex Crimes Defense Lawyers Attorneys
Virginia Sex Offense/Crime Attorneys
REPRESENTING CLIENTS IN VIRGINIA STATE AND FEDERAL COURTS
Sex Crimes Defense Lawyers in Virginia.
The Virginia sex crimes defense attorneys of SRIS, P.C., have extensive experience in sex crimes cases and all other aspects of criminal sex offender defense.
It is important to seek a SRIS Law Group, P.C. Virginia sex crime defense lawyer if you have been charged with a sex offense in Virginia. A sex crime conviction carries serious consequences, but there are solutions and defenses to these sex offense charges in Virginia. The attorneys in our firm who defend clients charged with a sex crime in Virginia have extensive experience in aggressively defending individuals charged with sex offenses.
If you wish to consult a SRIS, P.C. sex crimes defense attorney in Virginia please simply contact us via phone or by filling out our on-line form. A Virginia sex offense defense lawyer of the SRIS Law Group, P.C. will consult with you regarding your matter.
The Virginia sex crimes defense lawyers at the SRIS Law Group, P.C., defend a wide range of sexual offense law crimes, including: rape, child molestation, child abuse, date rape, FMS (False Memory Syndrome), indecent exposure, Münchhausen’s Syndrome by Proxy, sex offender registration, possession/distribution/sale of child pornography (kiddie porn), sexual battery, lewd conduct, spousal rape, statutory rape and internet sex crimes such as solicitation of a minor via internet (computer solicitation of a minor, sexual solicitation of a minor, use of a comminication system to solicit a minor).
Law Firm of SRIS PC
SRIS PC has law offices throughout Virginia.
In Virginia, we have offices in Northern Virginia, Central Virginia, Western Virginia & the Hampton Roads/Tidewater Area.
In Virginia, we’re located in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach.
Our Virginia sex offense defense lawyers are committed to offering honest and sound advice. Most important, our Virginia sex crimes defense attorneys will defend and advocate your case aggressively and vigorously both in plea negotiations and in the courtroom.
Our sex crimes defense attorneys and staff in Virginia speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
For more information or to make an appointment with SRIS Law Group, P.C. Virginia sex crimes defense lawyer, please call or complete the on-line form.
Please click on attorneys to learn more about the Virginia criminal defense lawyers who assist clients with sex offense defense representation in Virginia.
Our Virginia criminal defense attorneys defend criminal cases in the following jurisdictions:
Accomack County, Albemarle County, Charlottesville, Alleghany County, Amelia County, Amherst County, Appomattox County, Arlington County, Augusta County, Bath County, Bedford County, Bland County, Botetourt County, Brunswick County, Buchanan County, Buckingham County, Campbell County, Caroline County, Carroll County, Charles City County, Charlotte County, Chesterfield County, Clarke County, Craig County, Culpeper County, Cumberland County, Dickenson County, Dinwiddie County, Essex County, Fairfax County, Fairfax City, Fauquier County, Floyd County, Fluvanna County, Franklin County, Frederick County, Giles County, Gloucester County, Goochland County, Grayson County, Greene County, Greensville County, Emporia, Halifax County, Hanover County, Henrico County, Henry County, Highland County, Isle of Wight County, James City County, King and Queen County, King George County, King William County, Lancaster County, Lee County, Loudoun County, Louisa County, Lunenburg County, Madison County, Mathews County, Mecklenburg County, Middlesex County, Montgomery County, Nelson County, New Kent County, Northampton County, Northumberland County, Nottoway County, Orange County, Page County, Patrick County, Pittsylvania County, Powhatan County, Prince Edward County, Prince George County, Prince William County, Pulaski County, Rappahannock County, Richmond County, Roanoke County, Rockbridge County, Rockingham County, Russell County, Scott County, Shenandoah County, Smyth County, Southampton County, Spotsylvania County, Stafford County, Surry County, Sussex County, Tazewell County, Warren County, Washington County, Westmoreland County, Wise County, Wythe County, York County, City of Alexandria, City of Bedford, City of Bristol, City of Charlottesville, City of Chesapeake, City of Colonial Heights, City of Covington, City of Danville, City of Emporia, City of Fairfax, City of Falls Church, City of Franklin, City of Fredericksburg, City of Galax, City of Hampton, City of Harrisonburg, City of Hopewell, City of Lexington, City of Lynchburg, City of Manassas, City of Manassas Park, City of Martinsville, City of Newport News, City of Norfolk, City of Norton, City of Petersburg, City of Poquoson, City of Portsmouth, City of Radford, City of Richmond, City of Roanoke, City of Salem, City of Staunton, City of Suffolk, City of Virginia Beach, City of Waynesboro, City of Williamsburg, City of Winchester.
How your case is handled may make all the difference in world as to how your life progresses from this potentially traumatic event. Don’t let someone who will not keep you informed as to the status of your case keep you in the dark. The relationship you have with your attorney during this very difficult period can have a substantial impact on your mental health. You need and deserve a lawyer who is looking out for you.
What you do not want is a lawyer who is engaging in unnecessary litigation. You want a lawyer who will take the time to sit down with you and explain the process and why a particular strategy is being used. You want a lawyer who will listen to you and keep your best interests at heart.
How can a SRIS Law Group lawyer help you?
First and foremost, we will discuss your case with you. We will explain to you the different options you have and the pros and cons of each option. We do not require clients to come in and sit down and talk with us. Certainly, our clients are welcome to come in and talk with us. However, we understand that clients are very busy and may not have the time to come to the office. Therefore, we allow clients to consult with us by phone first and let the clients decide whether they need to come in and meet with their attorney. To learn more about how a SRIS Law Group lawyer can help you, please call us at 888-437-7747 and speak with a lawyer the same day.
If you are dealing with a case, contact the SRIS Law Group attorneys for help. Our lawyers have been helping clients with cases for many years and are experienced at helping clients solve their problems.
Virginia Lawyer
Former State Trooper
