What Are the Penalties for a Conviction? We could get testimony from witnesses. If you are facing a malicious or unlawful assault charge in West Virginia, consider contacting an attorney, who can investigate the case and determine if you were wrongfully charged or if there are other grounds on which the case could be dismissed before trial. Self-defense is a reasonable fear of bodily harm repelled with reasonable force. A person convicted of these crimes faces a possible jail or prison sentence that can be increased depending on who the victim is. Their lawyers are experienced, compassionate, and successful. Consult with an experienced criminal defense attorney as soon as possible to discuss legal options and defenses. Malicious Wounding Laws and Penalties in Virginia. In our experience as criminal defense lawyers, individuals who try to explain or justify their actions to the police might not have the best outcome.
Will I become a felon if I'm convicted? Waiting too Long to Hire a Lawyer. You can guarantee that the prosecution will look to your social media to see if there is anything there for them to use. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. Because of Ralph's act of violence directly preceding the taking, Ralph's crime will likely be charged as a robbery. Malicious Wounding Results | Westendorf & Khalaf, PLLC | Virginia Beach. That would not constitute strangulation under Virginia law. Malicious and/or unlawful wounding is when one person harms another with such severity that the skin is broken or internal organs are damaged.
A malicious, unlawful wounding charge could mean years in prison, not to mention the roadblocks you'll face as a convicted felon. The maximum punishments are up to 12 months in jail and a $2, 500 fine. When a person inflicts injury without intent or malice, it is sometimes called the offense of unlawful wounding. Joe reaches a crosswalk, where Ralph bumps Joe with his shoulder, pulls the wallet out of Joe's pocket and begins to run. Commonwealth v. N. H. Our client was unfairly charged after he defended his wife from a drunken guest at a house party. A felony conviction will most likely result in a prison sentence and a large fine. A Virginia assault appeal to the Circuit Court is called a "de novo" appeal; this means that everything is heard from scratch. Franklin was a 32 year old man working at a textile company when he was invited to a birthday party at a bar for Steven, one of his coworker. Based upon the threat, Joe agrees to let Ralph take his television. When Malicious Wounding Charges Apply. Malicious Wounding and Unlawful Wounding. Malice is the ill will to commit a wrongful and intentional act without legal justification. Can malicious wounding charges be dropped from space. Something that you had online for five minutes could be captured by another user in a heartbeat.
Even when it is not possible to get the charges dropped, our team can still secure a positive outcome for you. Causing bodily injury has to do with visible signs of injury, such as bruising, as well as the effect on a person's lifestyle, the lingering effect of the injury and the requirement for medical attention. As explained above, a separate strangulation crime was needed because many acts of strangulation do not quite meet the definition of any of the felony assault crimes in Virginia. A person who is being strangled has a heightened sense of fear and helplessness. We were able to demonstrate through medical records that she was highly intoxicated and that the injuries she suffered were likely the result of her own drunken negligence. Additionally, the intention behind this action must be to purposely maim, disfigure, or disable the other person. Causing Bodily Injury. It's crucial to hire a defense lawyer immediately. NOT GUILTY MALICIOUS WOUNDING AFTER JURY TRIAL. We want you to know that our Virginia malicious wounding lawyers are here for you during this scary time in your life. Title What Is Malicious Wounding and How Is It Different from Aggravated Assault. In Virginia, using a weapon or any physical force on another person with the intent to injure or kill them may result in a criminal charge of malicious wounding. This is considered an unlawful act but not a malicious one. Instead of potentially incriminating yourself, politely tell the police that you will not answer questions until you have an attorney by your side. Ralph leaves the residence without ever touching Joe.
Many are done in the heat of passion, eliminating the criminal mindset of malice and thus the crimes of malicious wounding and maliciously causing bodily injury. After hearing all the evidence, the jury could not reach a verdict and a mistrial was declared. Without the assistance of counsel, he received 90 days of active incarceration in lower Court. Assault And Battery Crimes in Virginia. Five to 20 years in prison. Can malicious wounding charges be dropped permanently. See Deferred Disposition in Virginia for more information. Anyone engaging in a fight could be convicted of assault and battery.