Fairfax Malicious Wounding Attorney
Malicious wounding is broadly defined law which leaves it open to varying interpretations. However, as a Fairfax malicious wounding attorney, I am of the belief that the spirit of this law was intended to be charged in situations which are much more serious than just a traditional fight or domestic dispute. Examples include broken bones, brain injury, nerve damage, and other injuries which are more than just minor. There are two forms of malicious wounding and we shall briefly discuss each of these crimes in turn.
Malicious Wounding (Virginia Code § 18.2-51)
Pursuant to Virginia Code § 18.2-51, a person can be charged with malicious wounding if they
- Cause injury;
- With the intent to kill, disfigure, maim, or disable.
Malicious Wounding Penalties
- Malicious wounding is a Class 3 felony punishable by a sentence of between 5 and 20 years in prison and a fine of up to $100,000.
- Additionally, pursuant to Virginia Code § 18.2-51.1, if a person maliciously wounds a law-enforcement officer, firefighter, or other emergency medical service person, they will be subject to imprisonment for a term of 5 to 30 years and a fine of $100,000. Additionally, a conviction under this section will include a mandatory minimum of two years in prison.
Aggravated Malicious Wounding (Virginia Code § 18.2-51.2)
As a Fairfax malicious wounding lawyer, we sometimes see cases which involve aggravated malicious wounding charges. Aggravated malicious wounding is nearly identical to common malicious wounding, except that with aggravated malicious wounding, goes beyond a simple intent to kill, disfigure or maim, but instead, the victim actually suffers a permanent injury. Shockingly, the penalty for aggravated malicious wounding is the same as it would be for a murder conviction. That is to say, aggravated malicious wounding is a Class 2 felony, punishable by a minimum of 20 years in prison and a fine of up to $100,000.
Defenses to Malicious Wounding
There are a number of defenses your Fairfax malicious wounding lawyer can assert on your behalf, but a few of these defenses include:
A defendant has a valid defense to malicious wounding if the defendant’s use of force was reasonable and not more than what the situation called for. Self-defense is unavailable as defense when defendant is the aggressor. However, when the parties are engaged in mutual combat your Fairfax malicious wounding attorney can explain this to the jury and create doubt as to whether you were truly the aggressor.
Lack of Intent
Whether someone intended to kill or disfigure a person is usually based on the facts and circumstances surrounding the purported crime. In order to establish this intent, the Commonwealth most show that the defendant intended to inflict a permanent wound – even though the wound was neither permanent nor severe. The crime of malicious wounding can prove hard to define, but when the injury is not severe, it is generally nonsensical to accuse someone of intending to inflict a permanent wound or injury. This underscores the importance of having an aggressive and persuasive Fairfax malicious wounding attorney on your side. If the case goes all the way to trial, your Fairfax malicious wounding attorney will need to guide the jury in determining what kind of conduct is “intended” to produce a permanent wound or injury.
When explained correctly, the intent standard is often very difficult for the prosecution to prove. But without a knowledgeable Fairfax malicious wounding attorney, the prosecution may use the somewhat ambiguous nature of the law to their advantage.
If the defendant committed an unfortunate accident, your Fairfax malicious wounding attorney can show the jury that there was no evil intention and that without evil intent, there is no crime. Unfortunate accidents happen. A person should not be charged with a crime because of misfortune or an accidental act.
Contact a Fairfax Malicious Wounding Attorney Today
If you are facing a charge of malicious wounding or aggravated malicious wounding in Fairfax County, contact the Law Offices of Randall Sousa for a free consultation with a Fairfax malicious wounding attorney. We will discuss how we can defend you, begin conducting an investigation, and assert your rights to help you obtain the best possible outcome in your case. 571-354-6164
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By: Randall Sousa
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