Crimes Against A Person
The Fluvanna County Sheriff’s Office takes seriously all criminal acts against persons and supports victim’s rights organizations. Furthermore, the Sheriff’s Office highly recommends that victims of assault contact local and state agencies for support and guidance to assist them during difficult times. A few important resources are located on this page, as well as on the Community Resources page of this website.
Here you will find resources related to crimes against our county residents, including:
- Sexual Assault Resource Agency
- Shelter for Help in Emergency
- Identity Theft
- Assault and Battery
Sexual Assault Resource Agency (SARA)
This website is highly recommended as it contains additional resources for victims including many 24-hour hotlines offering assistance.
Post Office Box 6880, Charlottesville, VA 22906
Shelter for Help in Emergency
If you are in need of assistance, please call the 24-hour hotline at:
Please note: Collect calls are accepted.
If this is an emergency, please call 911.
Si esto es una emergencia, llama por favor 911
If you have been the victim of a crime in Fluvanna County you can contact the Victim/Witness Assistant Program at the Commonwealth's Attorney's Office at (434) 591-1985. The Victim/Witness coordinator at the office is a Sherri Stader.
The National Center for Victims of Crime (NCVC) has as excellent website devoted to helping crime victims at: http://www.victimsofcrime.org/. You may also call NCVC at 1(800)FYI-CALL or 1(800)394-2255.
The NCVC includes resources for victims of: Stalking, Teen Victims, Sexual Assault,
Post-Traumatic Stress Disorder, Handgun Violence, Elder Abuse, Hate Crimes, Domestic/Partner Abuse, Child Abuse and Neglect, Legal Resources and others.
Additionally, the Victim Services Unit of the Virginia Department of Corrections serves victims of crime can be found at: www.vadoc.state.va.us.
Senior Victim's Rights and Issues
Senior Navigator, Virginia’s Resource for Health and Aging at: www.seniornavigator.com.
Senior Citizens Handbook- Laws & Programs Affecting Senior Citizens in Virginia: www.vsb.org.
If you suspect that your identity has been stolen, order a credit check of your Social Security Number (SSN) to see if anyone has used it. It will cost less than $15 per credit reporting agency.
Post Office Box 740241
Post Office Box 949
Post Office Box 1000
For information on how to prevent identity fraud from occurring, and what to do after you have discovered an instance of identity theft, consult the Federal Trade Commission at http://www.ftc.gov/bcp/edu/microsites/idtheft/.
Statute 18.2-57. Assault and Battery
According to the Code of Virginia, statute 18.2-57 concerning Assault and battery states:
“A. Any person who commits a simple assault or assault and battery shall be 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.
B. However, if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, color or national origin, the person shall be guilty of a Class 6 felony, and 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.
C. In addition, if any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a law-enforcement officer as defined hereinafter, a correctional officer as defined in 53.1-1, a person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department, a firefighter as defined in 65.2-102, or a volunteer firefighter or lifesaving or rescue squad member who is a member of a bona fide volunteer fire department or volunteer rescue or emergency medical squad regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or members as employees, engaged in the performance of his public duties, such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.
Nothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.
D. In addition, if any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time teacher, principal, assistant principal, or guidance counselor of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he shall be guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement. However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to 18.2-308.1, the person shall serve a mandatory minimum sentence of confinement of six months.
E. As used in this section:
"Judge" means any justice or judge of a court of record of the Commonwealth including a judge designated under § 17.1-105, a judge under temporary recall under 17.1-106, or a judge pro tempore under 17.1-109, any member of the State Corporation Commission, or of the Virginia Workers' Compensation Commission, and any judge of a district court of the Commonwealth or any substitute judge of such district court.
"Law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office which is part of or administered by the Commonwealth or any political subdivision thereof, who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this Commonwealth, and any conservation officer of the Department of Conservation and Recreation commissioned pursuant to 10.1-115, and conservation police officers appointed pursuant to 29.1-200, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to 15.2-1731 and 15.2-1733 and auxiliary deputy sheriffs appointed pursuant to 15.2-1603.
"School security officer" means an individual who is employed by the local school board for the purpose of maintaining order and discipline, preventing crime, investigating violations of school board policies and detaining persons violating the law or school board policies on school property, a school bus or at a school-sponsored activity and who is responsible solely for ensuring the safety, security and welfare of all students, faculty and staff in the assigned school.
F. "Simple assault" or "assault and battery" shall not be construed to include the use of, by any teacher, teacher aide, principal, assistant principal, guidance counselor, school security officer, school bus driver or school bus aide, while acting in the course and scope of his official capacity, any of the following: (i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control.
In determining whether a person was acting within the exceptions provided in this subsection, due deference shall be given to reasonable judgments that were made by a teacher, teacher aide, principal, assistant principal, guidance counselor, school security officer, school bus driver, or school bus aide at the time of the event.
(1975, cc. 14, 15; 1994, c. 658; 1997, c. 833; 1999, cc. 771, 1036; 2000, cc. 288, 682; 2001, c. 129; 2002, c. 817; 2004, cc. 420, 461; 2006, cc. 270, 709, 829.)”
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The Code of Virginia defines each property crime in specific, distinctive ways. The following definitions are provided here for public informational purposes only. The Code of Virginia is updated periodically, so it is required that users refer to the current General Assembly’s Code at http://leg1.state.va.us/ for the most accurate legal definitions and not rely on the content contained herein.
- Breaking and Entering
- Destruction of Private Property/Vandalism
BREAKING AND ENTERING
18.2-89. Burglary how punished.
If any person break and enter the dwelling house of another in the nighttime with intent to commit a felony or any larceny therein, he shall be guilty of burglary, punishable as a Class 3 felony; provided, however, that if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony. (Code 1950, § 18.1-86; 1960, c. 358; 1975, cc. 14, 15.)
18.2-90. Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty.
If any person in the nighttime enters without breaking or in the daytime breaks and enters or enters and conceals himself in a dwelling house or an adjoining, occupied outhouse or in the nighttime enters without breaking or at any time breaks and enters or enters and conceals himself in any building permanently affixed to realty, or any ship, vessel or river craft or any railroad car, or any automobile, truck or trailer, if such automobile, truck or trailer is used as a dwelling or place of human habitation, with intent to commit murder, rape, robbery or arson in violation of 18.2-77, 18.2-79 or 18.2-80, he shall be deemed guilty of statutory burglary, which offense shall be a Class 3 felony. However, if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony. (Code 1950, 18.1-88; 1960, c. 358; 1970, c. 381; 1975, cc. 14, 15; 1985, c. 110; 1992, c. 546; 1997, c. 832; 2004, c. 842.)
18.2-91. Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony.
If any person commits any of the acts mentioned in 18.2-90 with intent to commit larceny, or any felony other than murder, rape, robbery or arson in violation of 18.2-77, 18.2-79 or 18.2-80, or if any person commits any of the acts mentioned in 18.2-89 or 18.2-90 with intent to commit assault and battery, he shall be guilty of statutory burglary, punishable by confinement in a state correctional facility for not less than one or more than twenty years or, in the discretion of the jury or the court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
(Code 1950, § 18.1-89; 1960, c. 358; 1962, c. 505; 1970, c. 381; 1975, cc. 14, 15, 602; 1991, c. 710; 1992, c. 486; 1996, c. 1040; 1997, c. 832.)
18.2-92. Breaking and entering dwelling house with intent to commit other misdemeanor.
If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
(Code 1950, § 18.1-88.1; 1968, c. 530; 1970, c. 381; 1975, cc. 14, 15; 1992, c. 486.)
DESTRUCTION OF PROPERTY/ VANDALISM
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, 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.
(Code 1950, § 18.1-172; 1960, c. 358; 1975, cc. 14, 15, 598; 1990, c. 933;
1999, c. 625.)
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18.2-95. Grand larceny defined; how punished.
Any person who (i) commits larceny from the person of another of money or other thing of value of $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the value of $200 or more, or (iii) commits simple larceny not from the person of another of any firearm, regardless of the firearm's value, shall be guilty of grand larceny, punishable by imprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both.
(Code 1950, § 18.1-100; 1960, c. 358; 1966, c. 247; 1975, cc. 14, 15, 603; 1980, c. 175; 1991, c. 710; 1992, c. 822; 1998, c. 821.)
18.2-96. Petit larceny defined; how punished.
Any person who:
1. Commits larceny from the person of another of money or other thing of value of less than $5, or
2. Commits simple larceny not from the person of another of goods and chattels of the value of less than $200, except as provided in subdivision (iii) of § 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.
18.2-108. Receiving, etc., stolen goods.
If any person buy or receive from another person, or aid in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal offender be not convicted.
(Code 1950, § 18.1-107; 1960, c. 358; 1975, cc. 14, 15.)
18.2-108.01. Larceny with intent to sell or distribute; sale of stolen property; penalty.
A. Any person who commits larceny of property with a value of $200 or more with the intent to sell or distribute such property is guilty of a felony punishable by confinement in a state correctional facility for not less than two years nor more than 20 years. The larceny of more than one item of the same product is prima facie evidence of intent to sell or intent to distribute for sale.
B. Any person who sells, attempts to sell or possesses with intent to sell or distribute any stolen property with an aggregate value of $200 or more where he knew or should have known that the property was stolen is guilty of a Class 5 felony.
C. A violation of this section constitutes a separate and distinct offense. (2003, c. 831.)
For information on automobile theft crimes, visit Help Eliminate Auto Theft (H.E.A.T.) at www.heatreward.com Sometimes Crime Does Pay!
HEAT suggests you report criminal activity as soon as possible. In addition to doing a favor for yourself and your fellow drivers, you might collect a HEAT award of up to $25,000. To be eligible for a reward, all you have to do is provide information that leads to an arrest for auto theft-related offenses, including the theft of vehicles (over 18,000 vehicles are stolen in Virginia each year) or their parts (in excess of 25,000 thefts of vehicle parts are reported annually). The number to call is: 1-800-947-HEAT. You may remain anonymous and still collect a reward from H.E.A.T.
Stop Fraud Scams, Check Fraud, Forgery, Counterfeiting, Bank Fraud, White-Collar Crimes and Identity theft. For information on reporting fraud and other fraud resources, visit the National Consumers League website at www.fraud.org.
If you have been a victim of one of these crimes, or have information that could prevent these crimes from occurring, Call the National Check Fraud Center. 1-843-571-2143. Their office hours are 8 am to 7 pm EST (Monday through Friday, closed Saturday and Sunday. For assistance with reporting bad checks, visit the National Check Fraud Center website at www.ckfraud.org.
To Report a Missing Person, or Provide Information About a
Missing Person, Call the Sheriff’s Office Immediately at:
Virginia Amber Alerts
The National Center for Missing and Exploited Children
Virginia State Police's Missing Children Clearinghouse
Illegal drugs are an increasing danger in our society. If you or someone you know is using illegal narcotics, get the help that is needed and call the Sheriff’s Office at: (434) 589-8211. The Fluvanna County Sheriff’s Office has a dedicated narcotics investigator who specializes in investigating illegal drug activity and works in conjunction with the Virginia State Police. The Fluvanna County Sheriff’s Office is working hard to keep Fluvanna County drug free. Below you will find some helpful resources and information:
D.A.R.E. To Keep Kids Off of Drugs (Drug Abuse Resistance Education):
United States Drug Enforcement Administration (D.E.A.):
D.E.A. Young Adults Resource:
In the Event of an Emergency
In the event that an emergency should occur you can be sure that you and your family are prepared by visiting the Virginia Department of Emergency Management website. This site will help you prepare for all types of emergencies. The site gives you suggestions on kits you can put together for you and your family and it will also give you the pros and cons of staying home or evacuating during an emergency.
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