Garland v. Commonwealth
In Garland v. Commonwealth, 18 Va. App. 706, 446 S.E.2d 628, 630 (Va. Ct. App. 1994), the defendant frightened a cashier when he reached across to steal money from the cash drawer. 446 S.E.2d at 629. The cashier was not physically touching the cash drawer, but the thief's hands came within inches of hers in order to get the money.
The court held that the money was within her immediate control and custody and the thief's conduct was "of an assaultive nature." Id. at 630.
Therefore, the court affirmed defendant's from the person conviction, viewing the assault as a constructive trespass on the person. Id.