Does subsection of penal code matter? March 3rd.. Just confused on felony and misdemeanor

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Customer: Does subsection of penal code matter?
JA: Have any charges been filed? If so, when is the next court date?
Customer: Yes march 3rd
JA: In what state did this occur?
Customer: Virginia
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Just confused on felony and misdemeanor
Answered by Matthew in 5 mins 7 months ago
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Matthew
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Matthew
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Matthew
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Matthew, Expert

Hello, I am Matthew, and I will be the attorney assisting you today. I am sorry to hear that you need legal help, I know that this can often feel out of your control, but I hope we can resolve this quickly.

Please note that this discussion is for guidance only, does not constitute an Attorney-Client Relationship, and is only to help you understand the nature of your situation from a legal standpoint and discuss options. You must engage an attorney in your local jurisdiction if you wish to take any legal action through an attorney.

Please also note that I am human, that I often need to research your answer to give you an accurate response, that I work with other customers and get up from time to time. So please be patient while waiting for a response. If more than 30 minutes have passed, please feel free to reach out.

The subsection could be relevant.

Customer
I am charged with 18.2-308.1:4 subsection A. Subsection A is a misdemeanor and subsection B is a felony. But the descriptions are different. Which does the prosector have to provr
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Matthew, Expert

They could be seeking to prove either.

Customer
Im charged with a misdemeanor purchase and transport of a firearm while under a protective under subsection A but actual possesion is subsecrion B is a Felony
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Matthew, Expert

They could seek to prove both claims at trial and see which the jury thinks occurred.

Customer
The firearms were found under my bed
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Matthew, Expert

They are likely seeking the misdemeanor then.

Customer
But if im charged with subsection A the prosecutor can try to prove subsection B? So only the code matters
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Matthew, Expert

Yes, if they charged you for the felony and are also seeking lesser included offenses which includes the misdemeanor.

Customer
Also how does the prosecutor prove strangulation?
Customer
No they only charged me with a misdemeanor
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Matthew, Expert

They would need a victim to testify or photos of the injuries and a doctor's opinion that they evidence strangulation.

Customer
What do the photos have to show?
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Matthew, Expert

I don't know. I'm not a doctor.

Customer
Would victim testimony be enough with out a doctor?
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Matthew, Expert

Yes.

Customer
if they dont go to see a doctor all they have to do is testify?
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Matthew, Expert

Yes.

Customer
What if there was a fight but no strangulation? All the victim has to do is say it happen and they can convict?
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Matthew, Expert

Yes, it is up for a jury to decide if they believe the witness or not.

Customer
Can the prosecutor lie about having evidence prior to trial if they dont really have it?
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Matthew, Expert

No.

Customer
How many days before trial does the prosecutor have to turn over evidence?
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Matthew, Expert

I would love to help you but since your question is not related to the original problem at all, Just Answer site policies are that you need to ask that question on a new question page. If you are on our membership or trial plan, it won't cost you anything extra to ask another question!

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