Legal Opinion
Carter v. Com.
Supreme Court of Virginia
Decided January 14, 2005No. Record 040939PublishedCited by 26 opinions
1Opinion of the Court
ELIZABETH B. LACY, Justice.
Michael Anthony Carter was convicted of assault on a police officer in violation of Code § 18.2-57(C). In this appeal, he challenges his conviction, asserting that an assault requires the present ability to inflict bodily injury and that no such ability existed in this case. We will affirm Carter's conviction because the applicable definition of assault does not require that an assailant have the actual ability to inflict bodily harm.
Facts
The facts are not in dispute. On December 29, 1998 at approximately 11:00 p.m. in an area of frequent drug activity in the City…
2Cases cited9 opinions
- Koffman v. GarnettSupreme Court of Virginia · 2003
- Merritt v. CommonwealthSupreme Court of Virginia · 1935
- Harper v. CommonwealthSupreme Court of Virginia · 1955
- Zimmerman v. CommonwealthSupreme Court of Virginia · 2003
- Burgess v. CommonwealthSupreme Court of Virginia · 1923
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Clark v. Com.Supreme Court of Virginia · 2010
- Angela Calloway v. Benjamin LokeyCourt of Appeals for the Fourth Circuit · 2020
- Montague v. Com.Supreme Court of Virginia · 2009
- Donald Matthew Kelley v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2019
- Quintus Delano Marshall v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2019
21 more not listed; retrieve them via the Exa API.