Virginia Malicious Wounding Charges & Penalties. Joe is walking down the street with his headphones on, oblivious to the world around him. Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness. Additionally, when serious wounds occur, prosecutors usually choose to press more serious charges under Virginia's aggravated malicious wounding statutes. This was also a good way to get acquainted with the area. All are considered robbery.
What Is Malicious Wounding Charge
See Deferred Disposition in Virginia for more information. This may result in charges being dismissed or reduced, making the penalties much less severe. All these actions can help minimize the impact of the case on your life and your future. It's a serious criminal offense with harsh penalties under state law. Aggravated Malicious Wounding—an Even More Serious Offense. Call Our Virginia Malicious Wounding Lawyers Today. Malicious and unlawful wounding are defined in the same code section.
Can Malicious Wounding Charges Be Dropped From One
In the alternative, if the violent act is determined to have been done unlawfully but not maliciously, and with the same intent for bodily harm, the charge can be reduced to a lesser offense of unlawful wounding. Potential Defenses to Reduce or Defeat Charges. Disputes could get out of hand, especially if those involved are intoxicated or arguing over family or relationship issues. We've seen people post long, angry rants about the alleged victim. We took the case to a jury trial. Assault is defined as basically any "overt act" to another person that is done with the intention of creating fear of harm. Before the scheduled trial date, the prosecution dropped all of the charges and our client avoided felonies and serious jail time. Violation of Protective Order – Appeal Domestic Violence. The prosecutor must prove malice for you to be convicted of malicious wounding rather than unlawful wounding. Focus instead on the attorney's experience and familiarity with the local jurisdiction.
Malicious Wounding Charges In Va
We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order. Since wounding someone permanently is a serious offense against law and order, Virginia has malicious wounding and unlawful wounding laws that seek to severely punish the perpetrators of violent crimes that are done with malicious intent. A felony or misdemeanor charge of unlawful wounding is also possible if you unlawfully wounded someone while committing another felony. It can be incredibly difficult for your lawyer to put together a strong case without sufficient time. This means that the matters are first heard in a district court by a judge only. Another way to refute the charges is to point out inconsistencies or exaggerations on the part of the alleged victim. Trying to talk to someone who has just been named the alleged victim of a malicious wounding is a clear mistake that we need you to avoid making. A charge of aggravated malicious wounding is when the victim is severely injured, and caused permanent physical damage or disfigurement. Who you choose to represent your case is going to determine how the case resolves. Although used interchangeably, assault and battery are two separate crimes. Commonwealth v. N. H. Our client was unfairly charged after he defended his wife from a drunken guest at a house party. You want to know that you have the best possible representation. The Need for a Separate Law. Assault & Battery on a Law Enforcement Officer.
Can Malicious Wounding Charges Be Dropped Today
This becomes very important when your attorney is preparing for a trial and possibly negotiating a resolution of your case with the prosecutor. What Constitutes An Assault in Virginia? These examples illustrate a very important point: assault and battery is a "lesser included offense" of unlawful wounding, which is a lesser included offense of malicious wounding, which is a lesser included offense of aggravated malicious wounding. In many cases, Fairfax VA criminal attorneys can successfully argue that a defendant's intent cannot be proven or mitigating circumstances to try to get the charge reduced or dropped. In some cases, you may even be misidentified or falsely accused.
The judge or jury can decide that you should be confined for no more than 12 months plus fined no more than $2, 500, either or both. What About Self-Defense? It is a Class 3 felony which means the penalties that come with it can include between 5 to 20 years of prison as well as up to $100, 000 in fines. Allow the officer to perform the arrest.
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