Maximum fine of $100, 000. However, if the unlawful attack is not malicious, the offender shall be charged with unlawful wounding, which is a Class 6 felony, punishable by one to five years in prison or up to 12 months in jail and a fine of $2, 500. Jeff leaves Steve with a concussion, a cracked orbital bone, as well as a bloody and broken nose and various cuts and bruises. We managed to show through our evidence collected that he was at the bar before the altercation even begun. Showing that they are biased, or have a motive to lie, or are simply mistaken as to what happened, can all help to refute the Commonwealth's case. Virginia Malicious Wounding Lawyers | NovaLegalGroup, P.C. We can provide an aggressive defense against the charge you face and attempt to get them dropped or reduced.
From complex felony cases to appeals matters, he has the experience, dedication, and confidence to seek a resolution that protects his clients' rights and best interests. The difference between unlawful wounding and a simple assault is a Class Six felony as opposed to a simple assault, which is a Class One misdemeanor. Self-defense is very explicitly defined in Virginia law (pdf), and a knowledgeable defense attorney can help put forth that defense in accordance with the law. Generally, most unlawful wounding charges arise out of malicious wounding cases. On the other hand, if you hit a person with a frying pan, and then they fall against a counter top, and it is the sharp edge of the counter that causes the cut, that should not be considered a wounding. Can malicious wounding charges be dropped riverside. An experienced attorney can determine whether you have any grounds for dismissal of the charges against you, explore plea options or represent you at trial. At The Law Offices of Daniel J. Miller, you can depend on us to aggressively defend your rights. Aggravated malicious wounding occurs if a person: - Maliciously wounds, shoots, cuts, or stabs another person or causes bodily injury by any means; - Intends to disable, maim, kill, or disfigure; and. It was used by the prosecution to show that they were an angry and violent individual. Prosecutors treat assault crimes very seriously. We could look to CCTV footage.
Unlike other elements of assault in which the government carries the burden to prove beyond reasonable doubt, the government is under no obligation to prove that the defendant did not act in self-defense. If you want the best legal representation then this the firm for you! Unlawful wounding is considered a Class 6 felony, punishable by one to five years in prison and a maximum of a $2, 500 fine. Self-Defense in Virginia Assault Appeal | Criminal Defense. Strangulation is also a separate felony assault crime in Virginia. Our criminal defense attorneys also handle expungement petitions and appeals.
Malicious wounding is normally charged as a Class 3 felony. 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. 2811 to schedule your free consultation. Additionally, the convicted individual could face up to a $100, 000 fine. We suspect that the admissions made on cross-examination by the alleged victim at the hearing will prevent the Commonwealth from bringing any charges. These are the most common felony assault charges people are charged with in Virginia. Assault And Battery Crimes in Virginia. If you are accused of malicious or unlawful wounding, it's important that you contact our Virginia Beach criminal defense attorneys today. Call us today to set up your first consultation. What is malicious wounding. Serving residents of Fairfax County, Fairfax City, Prince William County, Loudoun County, Stafford County, Spotsylvania County, Arlington County, Alexandria, City of Fredericksburg, City of Manassas Park, City of Manassas, City of Falls Church, Town of Vienna, Town of Herndon, Town of Occoquan, Town of Dumfries, and all of Virginia. It can be an assault to create fear of harm even if you don't have the ability to cause the harm—if it is reasonable for the person to have the fear.
Competent Criminal Defense Lawyers. Video evidence secured from the church and bodycam footage did not support the testimony. If it becomes apparent that the offense was committed without an intent to injure or kill, then you could still be found guilty of assault and battery. Prosecutors may negotiate and agree to a lighter sentence in exchange for a guilty plea or to the defendant pleading guilty to a different, less serious crime. He was able to get out on bond. Richmond Unlawful Wounding Lawyer | Simple Assault. We argued that the only witness who identified our client had a history of bad blood with our client's family and could not be trusted. Our law firm is dedicated to providing our criminal defense clients with aggressive and strong advocacy. One reason why larceny from a person is treated so seriously in Virginia may be that the act comes very close to being a robbery. A fine not exceeding $100, 000.
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