Client was facing 4 criminal charges for an altercation with a cab driver. Class 1 jailable Misdemeanors included Failure to Pay for Rental Vehicle with intent to Defraud under Va Code 18.2-206, Assault and Battery under Va Code 18.2-57, and Destruction of Property with Intent under Va Code 18.2-137. All jailable offenses were DROPPED and DISMISSED at the first hearing. The remaining Class 4 Public Intoxication charge (Va Law 18.2-388, Arlington Code 17-7) was continued for community service and will be DISMISSED as well. Client walks away from all 4 charges with dismissals – no convictions.

Courthouse: Arlington General District Court District Court, 1425 N. Courthouse Road, Arlington Virginia.

§ 18.2-206. Procuring an animal, aircraft, vehicle or boat with intent to defraud.
If any person procure any such animal, aircraft, vehicle, boat or vessel mentioned in § 18.2-149 by fraud or by misrepresenting himself as some other person or with the intent to cheat or defraud such other person, he shall be guilty of a Class 1 misdemeanor. The failure to pay the rental for or damage to such animal, aircraft, vehicle, boat or vessel, or absconding without paying such rental or damage, shall be prima facie evidence of the intent to defraud at the time of renting or leasing such animal, aircraft, vehicle, boat or vessel.

§ 18.2-57. Assault and battery; penalty.
A. Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.

§ 18.2-137. Injuring, etc., any property, monument, etc.
A. If any person unlawfully destroys, defaces, damages or removes without the intent to steal any property, real or personal, not his own, or breaks down, destroys, defaces, damages or removes without the intent to steal, any monument or memorial for war veterans described in § 15.2-1812, any monument erected for the purpose of marking the site of any engagement fought during the War between the States, or for the purpose of designating the boundaries of any city, town, tract of land, or any tree marked for that purpose, he shall be guilty of a Class 3 misdemeanor; provided that the court may, in its discretion, dismiss the charge if the locality or organization responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury.
B. If any person intentionally causes such injury, he shall be guilty of (i) a Class 1 misdemeanor if the value of or damage to the property, memorial or monument is less than $1,000 or (ii) a Class 6 felony if the value of or damage to the property, memorial or monument is $1,000 or more. The amount of loss caused by the destruction, defacing, damage or removal of such property, memorial or monument may be established by proof of the fair market cost of repair or fair market replacement value. Upon conviction, the court may order that the defendant pay restitution.

§ 18.2-388. Profane swearing and intoxication in public; penalty
If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor. In any area in which there is located a court-approved detoxification center a law-enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.

Arlington Code § 17-7. Public Intoxication and Profanity.
A. It shall be unlawful for any person to be intoxicated or to profanely curse or swear in any public place in the County.
B. For the purposes of this section, “intoxicated” shall mean a condition in which a person has consumed enough alcoholic beverages, narcotic drugs, or other intoxicants or drugs of whatever nature, to observably affect his manner, disposition, speech, muscular movement, general appearance, or behavior.
C. Any person convicted of such public intoxication or profanity shall be guilty of a Class 4 misdemeanor.

Read more about Public Intoxication laws and defenses here: Virginia Drunk in Public / Public Intoxication Laws and Defenses

Read more about Fraud laws and defenses here: Virginia False Pretenses, Credit Card Larceny and Fraud, Check Fraud, Forgery, Uttering and related Fraud Charges and Defenses

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