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Virginia Beach Malicious & Unlawful Wounding Defense Attorneys. Unlawful wounding is a class 6 felony, with a penalty of up to 5 years in prison. It is a wounding without the intent to maim, disfigure, disable, or kill. You could dispute that you wanted to maim, disfigure, disable, or kill another person or were so reckless that you didn't care if you harmed someone. Ordinary malicious wounding charges are Class 3 Felonies punishable by 5 to 20 years in prison and a fine of up to $100, 000.
We could get testimony from witnesses. Unlawful wounding is a more serious offense involving an actual wounding than a simple assault. While your actual sentence will be based on a number of factors, such as your criminal history and the seriousness of the crime, there is a range of sentences that you can expect to fall under. Call Our Virginia Malicious Wounding Lawyers Today. Malicious wounding to a law enforcement agent or first responders is a Class 6 felony with a mandatory minimum of one year in prison. They should have a very long list of malicious wounding cases they have successfully handled. Equally important, you have the right to remain silent until you speak with an attorney. There are many cases where malicious wounding charges cannot be pressed against a defendant. When you are charged with malicious wounding, aggravated malicious wounding, or unlawful wounding, you may have legal or factual defenses that you can raise to pursue an acquittal or try to reduce your charge. Under Virginia law, a simple assault does not need to involve the touching of another person, it could simply be a threat from which another person reasonably forms an apprehension of bodily injury. John pursues Ralph and tackles him outside the home.
The difference between malicious wounding and aggravated malicious wounding is the severity of the resulting injury. A videotape is another way to refute a story. It is more serious than the former, but does not often meet the definitions of the latter. If there are independent witnesses, however, such as a police officer or a bystander, then everyone involved in a fight might be charged. In Virginia, crimes may be charged as misdemeanors or felonies, depending on the level of violence, the amount of money, or the type of drugs involved, as well as other factors.
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. Penalties depend on the circumstances of the crime. Our client was charged with fourth offense driving under the influence. When you have one of those injuries, it is a little easier to show that the person intended to cause those injuries. If an individual wishes to present new factual evidence after a conviction in the Circuit Court he is best advised, if at all possible, to present that evidence as quickly as possible, because Circuit Court only retains jurisdiction to reopen a case within 21 days after the conviction. Having a malicious wounding charge is very serious. Who you choose to represent your case is going to determine how the case resolves. He worried that we were not going to be able to prove that he was not the one with the knife. At trial, we demonstrated that her story didn't make any sense and that her injuries were completely inconsistent with her description of the attack. What Are the Maximum Punishments for Assault & Battery in Virginia?
In some cases, the pre-trial diversion agreement may involve only an agreement that the defendant will comply with conditions in exchange for the opportunity to plead guilty at the end of the conditional period to a lesser offense. 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. It normally involves theft of property from a location, but can also be larceny of property directly from a person. Jeff comes home from work and catches his wife and Steve in the act. What About Self-Defense? The victim suffers a severe injury, causing significant and permanent physical impairment. Our Criminal Defense Attorneys Defend Clients Facing a Range of Criminal Charges. For example, is one level of bodily injury required for strangulation but a higher level of bodily injury required for maliciously or unlawfully causing bodily injury? Please contact me right away if you've been charged with these offenses. We have successfully defended clients charged with the following crimes: - Drug offenses. For malicious wounding cases where where the victim suffered a "permanent and significant physical impairment, " the maximum punishment increases to 20 years to life in prison and a $100, 000 fine. At Greenspun Shapiro PC, we have a team of experienced criminal defense attorneys who have years of experience aggressively defending our clients who faced a variety of criminal felony charges. A lesser included offense does not carry as much jail time as the ultimate offense that the Commonwealth must prove, so one is thinking of malicious wounding and unlawful wounding. If you have been arrested and charged with a crime, it is vital that you speak to an experienced and aggressive criminal defense attorney as soon as possible.
This is considered an unlawful act but not a malicious one. The Court of Appeals sits in panels of judges. Leesburg Assault Attorney. He wished he could go back in time and decide to stay home. If the offense occurs without malice—meaning that the injury was inflicted intentionally but in the heat of passion or after being provoked to rage or. The prosecutor must prove malice for you to be convicted of malicious wounding rather than unlawful wounding. In contrast, the lesser charge of unlawful wounding carries a penalty of up to 5 years in prison and a fine of up to $2, 500.