It is a Class 2 felony and can result in up to a $100, 000 fine and twenty years to life in prison. You might be charged with unlawful wounding if you acted without malice. For example, if two parties get into a physical altercation and one cuts the other on the arm deep enough to bleed, this could be considered an unlawful wounding. He did not have to regret the day he went out of his house to the bar. You do not want to end up in jail wishing you had picked a better lawyer to represent your case. You can't bite a person on the arm and be convicted of malicious or unlawful wounding. Commonwealth v. D. Can malicious wounding charges be dropped from rest. C. Our client was accused of viciously beating his ex and throwing her down the stairs.
In such a situation, the Virginia Sentencing Guidelines actually recommend probation or up to a six-month jail sentence. You have an alibi, and this is a case of mistaken identity. A wounding requires a breaking of the skin using something other than a body part. Can malicious wounding charges be dropped from space. Prosecutors treat assault crimes very seriously. Resource: Disclaimer: This legal alert is provided for general information purposes only and is not a substitute for legal advice particular to your situation. Malicious Wounding Laws in Virginia. Examples of Lesser Included Offenses.
They suffered internal injuries as a result of the action. The maximum punishments are up to 12 months in jail and a $2, 500 fine. Malicious wounding also requires the intent to injure or kill. Child internet offenses. Aggravated Malicious Wounding. Get in touch with our office right away if you are looking for strong representation. In addition, you would have a permanent criminal record. If convicted of a wounding crime, you would have a permanent criminal record as a violent offender, a significant prison sentence, and as much as $100, 000 in fines. Can malicious wounding charges be dropped from the top. The Supreme Court also states in the Rowe case that even if you start the fight, if you withdraw from the conflict and express your desire for peace, but the other party continues to fight and you defend yourself, you could have a self-defense case. The crime of assault and battery can be a misdemeanor or a felony in Virginia, depending on the circumstances. 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. If the basis for a charge of felony assault is serious bodily injury caused by the defendant, that injury must involve a broken bone, disfigurement, loss of limb or an injury requiring surgery and/or hospitalization.
This means that assault can be a simple interaction or a quite complex factual scenario. What To Expect From a Malicious Wounding Case in Culpeper. Enter motions to suppress evidence that was obtained illegally. Either through negotiations or investigating the crime during a trial, if the Commonwealth cannot prove that element of malice, the Commonwealth agrees that there is no actual malice in that this is a wounding but there may not be that malice or that intent to maim, disfigure, disable, or kill. Sometime the defense is simply to get the charge reduced to an Assault or Assault and Battery because the victim has exaggerated the injuries. An affirmative defense is not applicable in every situation, but when the facts are on your side a self-defense argument in a malicious wounding case can be very effective.
This is typically a difficult burden for the Commonwealth. A fine not exceeding $100, 000. Robbery carries a punishment range in Virginia of five years to life in prison. "He's got a knife! " Most acts of strangulation would easily meet this definition.