Criminal Offenses

  • Stalking
  • Driving Under the Influence
  • Assault and Battery
  • Fraudulent use of Documents (Driver’s license, birth certificates, etc.)
  • Grand Larceny
  • Petit Larceny
  • Alcohol and Minors
  • Criminal Street Gangs
  • Curfew
  • Stalking

    Stalking is a crime of intimidation. Generally, stalking is defined as the willful or intentional commission of a series of acts which reasonably cause another person to fear death, criminal sexual assault, or bodily injury. Stalking is a Class 1 misdemeanor. A third or subsequent convicition of stalking within 5 years is a Class 6 felony.

    If a warrant is issued for stalking, the victim of a stalker can seek the issuance of an Emergency Protective Order prohibiting the stalker from having any contact with the victim or the victim’s family or household members and setting such other conditions as the magistrate deems necessary to prevent continued stalking or injury to the victim and/or property. Emergency Protective Orders can be issued by magistrates and by judges of the Circuit, General District and Juvenile Courts.

    If the subject of a protective order violates the terms of the order he/she is guilty of a Class 1 misdemeanor and can be arrested immediately. If a person is free on bond from an arrest and he/she violates the terms of a protective order or commits a new offense, grounds would also exist to revoke the bond previously posted.

    Emergency Protective Orders may be applied for by the victim or by a law enforcement officer on behalf of the victim. EPOs are good for 72 hours, however, they can be replaced with Preliminary Protective Orders and Permanent Protective Orders which are effective for up to 2 years.

    It is a felony for any person who is the subject of a protective order to purchase or transport any firearm while the protective order is in effect.

     

    Driving Under The Influence

    It is unlawful to drive or operate a motor vehicle while under the influence of alcohol or when your ability to drive is impaired by any narcotic drug (whether illegal drug or prescription narcotic) or self-administered intoxicant. Virginia Code 18.2-266. Your can be guilty of driving under the influence (DUI) whether you are operating a vehicle on the highway or on private property. “Operating” a motor vehicle is not limited to moving the vehicle from one place to another, it also includes being in actual physical control of the vehicle, even if the vehicle is parked or inoperable.

    Any person who operates a motor vehicle upon a highway in the Commonwealth has consented, as a condition of such operation, to have samples of his or her blood or breath taken for a chemical a test to determine the alcohol and/or drug content of his or her blood. Unreasonable refusal to submit to such testing can result in a suspension of your license for twelve months in addition to any punishment imposed by the court for the DUI offense.

    Driving under the influence is a Class 1 misdemeanor punishable by a maximum fine of $2500 and a 12-month jail sentence. The court must suspend the defendant’s driving privilege for one year for a first offense DUI. Jail sentences are mandated if your blood alcohol concentration is .15 or greater or if you are transporting a person 17 years of age or younger. Second and subsequent DUI convictions result in increased fines, mandatory minimum jail sentences, and longer license suspensions. A person convicted of three or more DUI offenses within a ten-year period is guilty of a Class 6 felony punishable by a maximum of five years in prison. Aside from the punishments imposed by tbe court, DUI convictions frequently result in increased insurance rates, job loss, financial hardship and other loses for the DUI defendant.

    Any person who, as a result of driving while intoxicated in a manner so gross, wanton and culpable as to show a reckless disregard of human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony.

    Driving while under the influence which unintentionally causes the death of another is a form of involuntary manslaughter, punishable by up to 10 years in prison. If, in addition, the driver’s conduct is so gross, wanton and culpable as to show a reckless disregard for human life, he is guilty of aggravated involuntary manslaughter punishable by up to 20 years in prison.

     

    Assault and Battery

    Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor. If the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least 6 months, 30 days of which shall be a mandatory minimum term of confinement.

    If a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, color or national origin, the person shall be guilty of a Class 6 felony, and shall be sentenced to a minimum mandatory 30 day jail sentence.

    If any person commits an assault or assault and battery against another knowing or having reason to know that such other person is a law enforcement officer, correctional officer, firefighter or rescue squad member, such person shall be guilty of a Class 6 felony, and upon conviction, the sentence shall include a mandatory minimum term of confinement of 6 months.

    If any person commits a battery against another, knowing or having reason to know that such person is a full time or part time teacher, principal, assistant principal, or guidance counselor of any public of private elementary or secondary school and is engaged in the performance of his duties as such, he shall be guilty of a Class 1 misdemeanor, and, upon conviction, shall receive a minimum mandatory 15 days in jail. However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to section 18.2-308.1, the person shall serve a mandatory minimum sentence of 6 months.

    Assault and battery against a family or household member.

    Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor. A third or subsequent conviction within 20 years is a Class 6 felony.

    If a warrant is issued for assault and battery of a family or household member, the magistrate shall issue an Emergency Protective Order prohibiting the defendant form having any contact with the victim or the victim’s family or household members and setting such other conditions as the magistrate deems necessary to protect the safety of such persons. The official issuing the EPO can also grant temporary possession of the premises occupied by the parties to the victim of the assault and battery to the exclusion of the defendant. Emergency Protective Orders can be issued by magistrates and by judges of the Circuit, General District and Juvenile Courts.

    If the subject of a protective order violates the terms of the order he/she is guilty of a Class 1 misdemeanor and can be arrested immediately. If a person is free on bond from an arrest and he/she violates the terms of a protective order or commits a new offense, grounds would also exist to revoke the bond previously posted.

    EPOs are good for 72 hours, however, they can be extended or they can be replaced with Preliminary Protective Orders and Permanent Protective Orders which can be ordered to be in effect for up to 2 years.

    It is a felony for any person who is the subject of a protective order to purchase or transport any firearm while the protective order is in effect.

     

    Fraudulent use of driver’s license, birth certificates, etc.

    It is unlawful to obtain, possess, or transfer a birth certificate, driver’s license, or any other document for the purpose of establishing a false identity, status, occupation, membership or license. Violations are a Class 1 misdemeanor unless the document is used to purchase a firearm in which case violations are a Class 6 felony. Virginia Code 18.2-204.1.

     

    Grand Larceny

    Any person who commits larceny from the person of another of money of other thing of value in the amount of $5 or more, or, commits simple larceny not from the person of money or goods valued at $200 or more, or, commits simple larceny not from the person of any firearm regardless of value, shall be guilty of grand larceny. Grand larceny is a felony punishable by up to 20 years in prison.

     

    Petit Larceny

    Any person who commits simple larceny not from the person of another of money or goods valued at less than $200 is guilty of petit larceny. Petit larceny is a Class 1 misdemeanor.

     

    Possession of Alcohol by Minors

    It is unlawful for any person less than 21 years of age to consume, purchase, or possess any alcoholic beverage. Violation of this section is a Class 1 misdemeanor. The court may suspend the operator’s license of any person found guilty of this offense for up to one year. It is also a Class 1 misdemeanor to use false, fictitious, altered or simulated identification to establish a false identification or a false age in order to consume or purchase alcoholic beverages.

     

    Criminal Street Gangs

    Any person who is a member of a criminal street gang and commits a “predicate criminal act” in association with or for the benefit of the gang is guilty of a Class 6 felony, and faces up to 5 years in prison. If that person is an adult and knows that the gang includes juvenile members, he is guilty of a Class 4 felony, and faces up to 10 years in prison. Virginia Code § 18.2-46.2.

    In Virginia, a criminal street gang is defined as a group of 3 or more people with an identifying symbol and/or name; which has as one of its primary goals or activities the commission of one or more criminal activities; and which has committed or attempted or conspired to commit two or more “predicated criminal acts” as discussed below. Virginia Code § 18.2-46.1.

    “Predicate criminal acts” include felonies such as malicious wounding, drug distribution, robbery, arson and murder. They also include misdemeanors such as assault & battery, trespassing, and vandalism. Even these misdemeanors can be charged as Class 6 felonies when they are committed by gang members for the benefit of the gang. Virginia Code § 18.2-46.1 and 19.2-297.1.

    A person who recruits or attempts to recruit another person to become a member of a gang is guilty of a Class 1 misdemeanor. An adult who recruits or attempts to recruit a juvenile is guilty of a Class 6 felony. Any person, juvenile or adult, who uses force of threats of force to recruit or retain a gang member is also guilty of a Class 6 felony. Virginia Code §18.2-46.3.

    A third felony conviction for criminal street gang participation or recruitment is a Class 3 felony, which carries a maximum penalty of 20 years. Virginia Code § 18.2-46.3:1.
    A person who commits a felony criminal street gang offense on school property or on any property open to public use within 1000 feet of a school, is guilty of a Class 6 felony, but also receives a mandatory minimum sentence of two years in the penitentiary. Virginia Code § 18.2-46.3:3.

    All property used in connection with criminal street gang activity, or derived or profited from criminal street gang activity, is subject to forfeiture to the Commonwealth. This includes both personal property (money, automobiles, etc.) and real property (land & buildings). Virginia Code § 18.2-46.3:2.

     

    CURFEW

     

    Henrico County Code sec. 13-151

     

    (a) It shall be unlawful for any parent, guardian or other adult person having the care, custody or control of any minor 16 years of age and under to permit, allow or encourage such minor to remain on any road, street, avenue, alley, park or other public place in the county between the hours of 11:00 p.m. and daylight of the following day unless accompanied by the parent, guardian or other adult person having the care, custody and control of such minor.

    (b) This section shall not be so construed as to prohibit children under 16 years of age from attending places of religious worship or meetings held by or under the auspices of the public schools or Boy Scouts or Girl Scouts or other like organizations unaccompanied by the parent, guardian or other adult person.

     

    Henrico County Code Sec. 13-153

    It shall be unlawful for any minor 16 years of age and under to remain on any road, street, avenue, alley, park or other public place in the county between the hours of 11:00 p.m. and daylight of the following day, except as provided in section 13-151, unless accompanied by the parent, guardian or other adult person having the care, custody and control of such minor.