Adams v. Commonwealth

534 S.E.2d 347, 33 Va. App. 463, 2000 Va. App. LEXIS 672
CourtCourt of Appeals of Virginia
DecidedSeptember 26, 2000
Docket0654991
StatusPublished
Cited by94 cases

This text of 534 S.E.2d 347 (Adams v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Commonwealth, 534 S.E.2d 347, 33 Va. App. 463, 2000 Va. App. LEXIS 672 (Va. Ct. App. 2000).

Opinions

[466]*466FRANK, Judge.

Jeremy Britt Adams (appellant) appeals his bench trial conviction of an assault and battery on a law enforcement officer in violation of Code § 18.2-57(C). On appeal, appellant contends the evidence was insufficient to prove: (1) a touching and (2) that he had the requisite intent to commit the offense. We disagree and affirm the conviction.

I. BACKGROUND

On September 22, 1998, while on duty at the Gloucester County High School, Sergeant Steven Giles of the Gloucester County Sheriffs Department was struck in his right eye by a laser light owned by appellant, who was a twelfth-grade student at the school. Giles had been talking with another officer, Sergeant Adams, and the school nurse when he felt a “stinging sensation” in his eye. Sergeant Adams told Giles that appellant had “just lit [him] up,” as there was “a red dot” on him.

Giles approached appellant and asked what he had. Appellant said, “It can’t hurt you,” and handed over the laser light, which was attached to his key chain. Giles gave the laser light to the assistant principal and told appellant he could retrieve it later.

Giles said he “felt a burning sensation” in his eye and “saw red” before looking away, but he did not know how long the laser had been pointed at him. Giles had his eye checked the next morning by a local doctor who found “heavy irritation” but no other injury.

Appellant moved to strike the evidence at the conclusion of the Commonwealth’s case-in-chief. He argued that the Commonwealth had not proved the laser light was capable of causing injury, had injured Giles, or appellant knew or should have known the laser was dangerous. The trial court overruled the motion.

Appellant then presented his case. Sergeant Adams testified that appellant was approximately 150 feet from Giles and [467]*467the laser light had “jump[ed] all around his upper torso and head.” Adams did not “actually see the thing strike [Giles’] eye,” but he saw Giles flinch when he was hit.

James Brown and Jessica Hubbard, both students, testified that they did not see the laser strike Giles in the face or eyes. They also said they had not been hurt when similarly hit in the eye with a laser light.

Appellant testified that he purchased the laser light for six dollars at a convenience store two days before the offense. He said it had no warning on it regarding use and that he had not been hurt when hit in the eye by the light. Appellant denied hitting Giles in the face or eye and claimed he had not intended to strike Giles with the light but, instead, was “just goofing off” to get Adams’ attention by waving the laser around. Adams previously had been the school’s resource officer, and appellant had a friendly relationship with him. Appellant, however, did not get along well with Sergeant Giles. He stated that Giles had previously given him a hard time. Appellant acknowledged he had pled guilty to three felonies.

The trial court again overruled appellant’s motion to strike the evidence and convicted appellant of assault and battery on a law enforcement officer.

II. ANALYSIS

In reviewing the sufficiency of evidence on appeal, “the appellate court must examine the evidence and all inferences reasonably deducible therefrom in the light most favorable to the Commonwealth, the prevailing party in the trial court.” Commonwealth v. Jenkins, 255 Va. 516, 521, 499 S.E.2d 263, 265 (1998) (citations omitted). “We may not disturb the trial court’s judgment unless it is ‘plainly wrong or without evidence to support it.’ ” Barlow v. Commonwealth, 26 Va.App. 421, 429, 494 S.E.2d 901, 904 (1998) (quoting Beavers v. Commonwealth, 245 Va. 268, 282, 427 S.E.2d 411, 421 (1993)).

[468]*468Furthermore, “[t]he credibility of the witnesses and the weight accorded the evidence are matters solely for the fact finder who has the opportunity to see and hear that evidence as it is presented.” Sandoval v. Commonwealth, 20 Va.App. 133, 138, 455 S.E.2d 730, 732 (1995) (citations omitted). “In its role of judging witness credibility, the fact finder is entitled to disbelieve the self-serving testimony of the accused and to conclude that the accused is lying to conceal his guilt.” Marable v. Commonwealth, 27 Va.App. 505, 509-10, 500 S.E.2d 233, 235 (1998) (citation omitted).

Code § 18.2-57(C) provides that “any person [who] commits an assault or an assault and battery against ... a law enforcement officer ... shall be guilty of a Class 6 felony,” and shall be sentenced to a mandatory, minimum term of six months in jail.

To sustain a conviction for assault, the evidence need only prove “ ‘an attempt or offer, with force and violence, to do some bodily hurt to another.’ ” Harper v. Commonwealth, 196 Va. 723, 733, 85 S.E.2d 249, 255 (1955) (citation omitted).

When the injury is actually inflicted, a battery has been committed regardless of how small the injury might be. “ ‘Battery is the actual infliction of corporal hurt on another (e.g., the least touching of another’s person), willfully or in anger, whether by the party’s own hand, or by some means set in motion by him.’ ”

Seegars v. Commonwealth, 18 Va.App. 641, 644, 445 S.E.2d 720, 722 (1994) (quoting Jones v. Commonwealth, 184 Va. 679, 682, 36 S.E.2d 571, 572 (1946)).

One cannot be convicted of assault and battery “ “without an intention to do bodily harm — either an actual intention or an intention imputed by law.’ ” Davis v. Commonwealth, 150 Va. 611, 617, 143 S.E. 641, 643 (1928).

A battery is an unlawful touching of another. It is not necessary that the touching result in injury to the person. Whether a touching is a battery depends on the intent of the actor, not on the force applied. See Wood v. Commonwealth, [469]*469149 Va. 401, 405, 140 S.E. 114, 115 (1927). An assault may occur even though the victim is not aware of any acts directed at him, provided the actor intends to touch offensively rather than accidentally or negligently. See Park Oil Co., Inc. v. Parham, 1 Va.App. 166, 170, 336 S.E.2d 531, 534 (1985).

“[T]he slightest touching of another ... if done in a rude, insolent, or angry manner, constitutes a battery for which the law affords redress.” Crosswhite v. Barnes, 139 Va. 471, 477, 124 S.E. 242, 244 (1924) (citation omitted).

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Bluebook (online)
534 S.E.2d 347, 33 Va. App. 463, 2000 Va. App. LEXIS 672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-commonwealth-vactapp-2000.