- Joined
- Feb 25, 2013
Long time lurker, first time poster. I generally just like reading the hilarity that ensues here, but as an actual criminal defense lawyer (albeit, I am not a member of the Virginia bar), I think I should set the record straight with regard to the probable range of sanctions Chris faces here.
As a rule, the Jerkops (TM) charge the highest possible crime that the facts will possibly support. As they should -- they're there to enforce the law and give the DA every tool at their disposal. That said, a plain reading of § 18.2-312 will show that there is a requirement of "bodily injury," and there is none apparent from watching the video. The felony charge will not stick.
That leaves us with assault. And despite the fact that I don't practice in VA, it is generally unheard of in any jurisdiction in the US for someone without a serious record (and the aftermath of 10/28/11 does not count as a "serious record" here) to do time for an assault that does not result in injury. I hate to ruin everyone's fantasies, but OPL *is* going to "get off lightly" here.
TL;DR: Chris ain't doing time. Aspie lawyer dude says so.
I read this in Bob Odenkirk's voice and I know I'm not the only one.