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Home / Opinion Digests / Criminal – Brandishing Firearm – Assault – Double Jeopardy (access required)

Criminal – Brandishing Firearm – Assault – Double Jeopardy (access required)

A defendant’s conviction of both assault and brandishing a firearm does not violate the Double Jeopardy Clause, the Court of Appeals holds, because the convictions arose from two separate and discrete criminal acts. The Supreme Court of Virginia addressed this very issue in Stephens v. Commonwealth, 263 Va. 58 (2002). Here, the facts show that the assault ...