section 18.2-51 guilty (Virginia) · Go Syfert
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section 18.2-51 guilty in Virginia

11 Virginia opinions name it 1 courts 2008–2025 4 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Johnson v. Commonwealthgreen
vactapp · 2008 · cited in 7 Virginia opinions naming this issue, 2010–2024
2 sentences

2024Further, “[t]o be guilty under Code § 18.2-51, a person must intend to permanently, not merely temporarily, harm another person.” Fary v. Commonwealth, 77 Va. App. 331 , 342 (2023) (en banc) (quoting Johnson v. Commonwealth, 53 Va. App. 79, 101 (2008)).

2024“To be guilty under Code § 18.2-51, a person must intend to permanently, not merely temporarily, harm another person.” Johnson v. Commonwealth, 53 Va. App. 79, 101 (2008) (quoting Campbell v. Commonwealth, 12 Va. App. 476, 484 (1991) (en banc)); accord Burkeen v. Commonwealth, 286 Va. 255 , 259-61 (2013) (finding that the “violence and brutality” of Burkeen’s act in striking his victim once with his bare fist was sufficient to prove intent to maim). “[T]he fact finder may infer that a person intends the immediate, direct, and necessary consequences of his voluntary acts.” Fletcher, 72 Va. App.

67
Campbell v. Commonwealthgreen
vactapp · 1991 · cited in 7 Virginia opinions naming this issue, 2008–2025
2 sentences

2024“To be guilty under Code § 18.2-51, a person must intend to permanently, not merely temporarily, harm another person.” Johnson v. Commonwealth, 53 Va. App. 79, 101 (2008) (quoting Campbell v. Commonwealth, 12 Va. App. 476, 484 (1991) (en banc)); accord Burkeen v. Commonwealth, 286 Va. 255 , 259-61 (2013) (finding that the “violence and brutality” of Burkeen’s act in striking his victim once with his bare fist was sufficient to prove intent to maim). “[T]he fact finder may infer that a person intends the immediate, direct, and necessary consequences of his voluntary acts.” Fletcher, 72 Va. App.

2011“To be guilty under Code § 18.2-51, a person must intend to permanently, not merely temporarily, harm another person.” Johnson v. Commonwealth, 53 Va. App. 79, 101 , 669 S.E.2d 368, 378 (2008) (citing Campbell, 12 Va. App. at 484 , 405 S.E.2d at 4 ); see also Lee v. Commonwealth, 135 Va. 572, 578 , 115 S.E. 671, 673 (1923).

57
Burkeen v. Commonwealthgreen
va · 2013 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024“To be guilty under Code § 18.2-51, a person must intend to permanently, not merely temporarily, harm another person.” Johnson v. Commonwealth, 53 Va. App. 79, 101 (2008) (quoting Campbell v. Commonwealth, 12 Va. App. 476, 484 (1991) (en banc)); accord Burkeen v. Commonwealth, 286 Va. 255 , 259-61 (2013) (finding that the “violence and brutality” of Burkeen’s act in striking his victim once with his bare fist was sufficient to prove intent to maim). “[T]he fact finder may infer that a person intends the immediate, direct, and necessary consequences of his voluntary acts.” Fletcher, 72 Va. App.

11
Barrett v. Commonwealthgreen
va · 1969 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024“Because intent is a ‘state of mind,’ it ‘may be proved by a person’s conduct or by his statements.’” Id. (quoting Barrett v. Commonwealth, 210 Va. 153, 156 (1969)).

11
Burton v. Com.green
va · 2011 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024“Intent is the purpose formed in a person’s mind which may, and often must, be inferred from the facts and circumstances in a particular case.” Commonwealth v. Perkins, 295 Va. 323, 330 (2018) (per curiam) (quoting Burton v. Commonwealth, 281 Va. 622, 626-27 (2011)).

11
Moody v. Commonwealthgreen
vactapp · 1998 · cited in 1 Virginia opinions naming this issue, 2024–2024
2 sentences

2024“Because intent is a ‘state of mind,’ it ‘may be proved by a person’s conduct or by his statements.’” Id. (quoting Barrett v. Commonwealth, 210 Va. 153, 156 (1969)).

2024“To be guilty under Code § 18.2-51, a person must intend to permanently, not merely temporarily, harm another person.” Johnson v. Commonwealth, 53 Va. App. 79, 101 (2008) (quoting Campbell v. Commonwealth, 12 Va. App. 476, 484 (1991) (en banc)); accord Burkeen v. Commonwealth, 286 Va. 255 , 259-61 (2013) (finding that the “violence and brutality” of Burkeen’s act in striking his victim once with his bare fist was sufficient to prove intent to maim). “[T]he fact finder may infer that a person intends the immediate, direct, and necessary consequences of his voluntary acts.” Fletcher, 72 Va. App.

11
Ruebin Clifton Fletcher v. Commonwealth of Virginiagreen
vactapp · 2020 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024“To be guilty under Code § 18.2-51, a person must intend to permanently, not merely temporarily, harm another person.” Johnson v. Commonwealth, 53 Va. App. 79, 101 (2008) (quoting Campbell v. Commonwealth, 12 Va. App. 476, 484 (1991) (en banc)); accord Burkeen v. Commonwealth, 286 Va. 255 , 259-61 (2013) (finding that the “violence and brutality” of Burkeen’s act in striking his victim once with his bare fist was sufficient to prove intent to maim). “[T]he fact finder may infer that a person intends the immediate, direct, and necessary consequences of his voluntary acts.” Fletcher, 72 Va. App.

11
Commonwealth v. Perkins (ORDER)green
va · 2018 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024“Intent is the purpose formed in a person’s mind which may, and often must, be inferred from the facts and circumstances in a particular case.” Commonwealth v. Perkins, 295 Va. 323, 330 (2018) (per curiam) (quoting Burton v. Commonwealth, 281 Va. 622, 626-27 (2011)).

11
Merritt v. Commonwealthgreen
va · 1935 · cited in 1 Virginia opinions naming this issue, 2023–2023
1 sentence

2023“An attempt to commit a crime is composed of two elements: (1) [t]he intent to commit it; and (2) a direct, ineffectual act done towards its commission.” Merritt v. Commonwealth, 164 Va. 653, 657 (1935).

11
Dawkins v. Commonwealthgreen
va · 1947 · cited in 1 Virginia opinions naming this issue, 2013–2013
2 sentences

2013Campbell v. Commonwealth, 12 Va. App. 476, 484 , 405 S.E.2d 1, 4 (1991) (en banc). ‘“Malice inheres in the doing of a wrongful act intentionally, or without just cause or excuse, or as a result of ill will. [Malicious intent to wound] may be directly evidenced by words, or inferred from acts and conduct which necessarily result in injury.”’ Burkeen v. Commonwealth, 286 Va. ___ , ___, ___ S.E.2d ___, ___ (Oct. 31, 2013) (quoting Dawkins v. Commonwealth, 186 Va. 55, 61 , 41 S.E.2d 500, 503 (1947)) (footnote omitted).

2013Campbell v. Commonwealth, 12 Va. App. 476, 484 , 405 S.E.2d 1, 4 (1991) (en banc). ‘“Malice inheres in the doing of a wrongful act intentionally, or without just cause or excuse, or as a result of ill will. [Malicious intent to wound] may be directly evidenced by words, or inferred from acts and conduct which necessarily result in injury.”’ Burkeen v. Commonwealth, 286 Va. ___ , ___, ___ S.E.2d ___, ___ (Oct. 31, 2013) (quoting Dawkins v. Commonwealth, 186 Va. 55, 61 , 41 S.E.2d 500, 503 (1947)) (footnote omitted).

11
Lee v. Commonwealthgreen
va · 1923 · cited in 1 Virginia opinions naming this issue, 2011–2011
2 sentences

2011“To be guilty under Code § 18.2-51, a person must intend to permanently, not merely temporarily, harm another person.” Johnson v. Commonwealth, 53 Va. App. 79, 101 , 669 S.E.2d 368, 378 (2008) (citing Campbell, 12 Va. App. at 484 , 405 S.E.2d at 4 ); see also Lee v. Commonwealth, 135 Va. 572, 578 , 115 S.E. 671, 673 (1923).

2011“To be guilty under Code § 18.2-51, a person must intend to permanently, not merely temporarily, harm another person.” Johnson v. Commonwealth, 53 Va. App. 79, 101 , 669 S.E.2d 368, 378 (2008) (citing Campbell, 12 Va. App. at 484 , 405 S.E.2d at 4 ); see also Lee v. Commonwealth, 135 Va. 572, 578 , 115 S.E. 671, 673 (1923).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Fary v. Commonwealth (ORDER) green
va · 2024
1 sentence

2024Further, “[t]o be guilty under Code § 18.2-51, a person must intend to permanently, not merely temporarily, harm another person.” Fary v. Commonwealth, 77 Va. App. 331 , 342 (2023) (en banc) (quoting Johnson v. Commonwealth, 53 Va. App. 79, 101 (2008)).

12024–2024

Statutes the citing opinions construe

VA § Va. Code Ann. § 18.2-51 (11) VA § Va. Code Ann. § 17.1-413 (10)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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