On July 15, 2014 in the Williamsburg James City County General District Court a client of Collins Waltrip, PC, was tried before a Judge on charges of Assault & Battery under Virginia Code 18.2-57. After the presentation of the Commonwealth’s case, Waltrip rested without presenting evidence for the defense and immediately made a Motion to Strike. Arguing that the Commonwealth had failed to identify the defendant as the party accused of committing the alleged act, Waltrip was able to obtain a not guilty verdict when the Judge agreed the evidence was insufficient.
In any Assault & Battery the prosecutor must demonstrate that an unoffensive, or unwanted touching occurred. Furthermore, the prosecutor must prove beyond a reasonable doubt that the person in court is the person alleged to have committed the act. While testimony on July 15 was that the alleged victim had been struck, no evidence that the defendant was the person involved was presented by the prosecutor. Ultimately, the case was dismissed for the failure of the prosecutor to prove this required element of the law.
If you need an attorney to represent you in an Assault and Battery in Williamsburg, VA, contact Brandon C. Waltrip, Esq.