Rape Virginia Misconduct Parole Evidence Lawyers Lee County
Rape Virginia Misconduct Parole Evidence Lawyers Lee County
Taylor v. Commonwealth
Facts:
Defendant pled guilty to rape and was sentenced to 25 years in prison, with10 years suspended. The Attorney General filed a petition seeking civil commitment as a sexually violent predator under Va. Code Ann. § 37.2-305. The Circuit Court of Lee County (Virginia) entered an order declaring him to be a sexually violent predator and committed him for treatment and confinement. Defendant appealed. Defendant argued that sufficient evidence did not support the finding that he was a sexually violent predator.
Rape Virginia Misconduct Parole Evidence Lawyers
Issue:
- Whether the Defendant is a sexually violent predator to engage in sexually violent acts?
Discussion:
The state Supreme Court held that the circuit court’s finding that defendant was a sexually violent predator in need of treatment in a secure facility was supported by clear and convincing evidence. While neither psychologist was able to opine that the sexual offenses the offender was likely to commit in the future would be sexually violent acts as defined in Va. Code Ann. § 37.2-900, neither could they exclude that likelihood. Indeed, both experts were clear that the random, brutal nature of the rape he committed and other elements of his history were significant factors in their determination that the likelihood that he would reoffend was higher than the actuarial data suggested. Additional evidence established that he had proven unsuitable for supervised parole, continued to have difficulty with impulse control, and sought to minimize or excuse his acts of misconduct including the rape. Thus, the factual determination that he was likely to engage in future sexually violent acts was not plainly wrong or without support in the evidence. The judgment of the circuit court was affirmed.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Rape Virginia Sexual Violent Acts Evidence Lawyers Fairfax County
Rape Virginia Sexual Violent Acts Evidence Lawyers Fairfax County
Rock v. Commonwealth
Facts:
Defendant pled guilty to rape and was sentenced to 25 years in prison, with10 years suspended. The Attorney General filed a petition seeking civil commitment as a sexually violent predator under Va. Code Ann. § 37.2-305. The Circuit Court of Fairfax County (Virginia) entered an order declaring him to be a sexually violent predator and committed him for treatment and confinement. Defendant appealed. Defendant argued that sufficient evidence did not support the finding that he was a sexually violent predator.
Rape Virginia Sexual Violent Acts Evidence Lawyers
Issue:
- Whether the Defendant is a sexually violent predator to engage in sexually violent acts?
Discussion:
The state Supreme Court held that the circuit court’s finding that defendant was a sexually violent predator in need of treatment in a secure facility was supported by clear and convincing evidence. While neither psychologist was able to opine that the sexual offenses the offender was likely to commit in the future would be sexually violent acts as defined in Va. Code Ann. § 37.2-900, neither could they exclude that likelihood. Indeed, both experts were clear that the random, brutal nature of the rape he committed and other elements of his history were significant factors in their determination that the likelihood that he would reoffend was higher than the actuarial data suggested. Additional evidence established that he had proven unsuitable for supervised parole, continued to have difficulty with impulse control, and sought to minimize or excuse his acts of misconduct including the rape. Thus, the factual determination that he was likely to engage in future sexually violent acts was not plainly wrong or without support in the evidence. The judgment of the circuit court was affirmed.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Virginia Possession Child Pornography Laws Penalty Fairfax Richmond Beach Fredericksburg Lynchburg Manassas
DEFENSE OF POSSESSION OF CHILD PORNOGRAPHY
VIRGINIA SEX OFFENSE/CRIME ATTORNEYS
Prosecution of possession of child pornography is at an all time high in Virginia. Possession of child pornography is at a minimum a class 6 felony. A 2nd or subsequent conviction for possession of child pornography in Virginia is a class 5 felony. If you have been charged with possession of child pornography, contact the Virginia sex crimes defense attorneys of SRIS, P.C. One of our sex offense defense lawyers will advise you as to your options and let you know how we can best assist you.
Virginia Possession Child Pornography Law
Virginia Code § 18.2-374.1:1. Possession of child pornography; penalty
A. Any person who knowingly possesses any sexually explicit visual material utilizing or having as a subject a person less than 18 years of age shall be guilty of a Class 6 felony. However, no prosecution for possession of material prohibited by this section shall lie where the prohibited material comes into the possession of the person charged from a law-enforcement officer or law-enforcement agency.
B. The provisions of this section shall not apply to any such material which is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, attorney, judge, or other person having a proper interest in the material.
C. All sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age shall be subject to lawful seizure and forfeiture pursuant to§ 19.2-386.31.
D. Any person convicted of a second or subsequent offense under this section shall be guilty of a Class 5 felony.
