Chesterfield Malicious Wounding Attorney
Malicious wounding is a serious form of assault charge that is classified as a felony and can carry significant penalties. Anybody who is facing these charges in Chesterfield County should consult with a malicious wounding attorney as soon as possible in order to prepare a strong defense and to work to mitigate the consequences.
Defining Malicious Wounding
In Chesterfield, Virginia, malicious wounding charges typically arise in incidents involving shooting cases and fights that have escalated. Malicious wounding typically occurs when a person maliciously shoots, stabs, cuts or tries to wound someone by any means, causing bodily injury with the intent to maim, disfigure, disable or kill and does so with malice. The difference between malicious wounding and unlawful wounding is the intent or the malice involved in the incident.
Aggravated Malicious Wounding
An aggravated malicious wounding has the same elements as a normal malicious wounding, however, the actual wounding of the alleged ,victim is taken into consideration. This charge has all of the intent of a standard malicious wounding charge, but it also takes into account the severity of the wounds actually suffered. If the alleged victim is left with serious injuries or with permanent and significant impairment, then the charge becomes aggravated malicious wounding.
Penalties and Possible Probation
In order to successfully prove a malicious wounding charge in Chesterfield, the prosecution needs to prove that the defendant wounded the victim with an intent to permanently maim, disable, disfigure or kill, and that they did so with malice.
Malicious wounding, unlike unlawful wounding is classified as a Class 3 felony. If convicted the possible penalties include five to 20 years of incarceration and a $100,000.00 fine; after jail time, probation is guaranteed. Malicious wounding, being a felony, is heard by a judge or a jury in the circuit or “high” court.
Hiring a Chesterfield Malicious Wounding Attorney
When you hire an attorney they can refute evidence presented by the prosecution by going through statements, actual photos, video evidence, and doctor testimony and doctor reports, among other evidence. A Chesterfield malicious wounding attorney can investigate the wounding, find out what actually happened to the purported victim, and find out what impact the wounding has had on them.
When someone is charged with a malicious wounding and they are looking for an attorney to defend against the charges, they should look for someone who is tenacious, bold, and thorough. It is also important to work with an attorney who has experience in these sorts of cases and knows the possible defenses as well as the possible strategies that the prosecution might use. Lastly, it is good to work with a local attorney who knows the local court system and court officials. For all these reasons it is wise to consult with an experienced and local Chesterfield malicious wounding attorney, to combat these charges.
Defenses and Mitigating Factors
Possible defenses when facing malicious wounding charges include but are not limited to; self-defense, lack of criminal intent, and lack of malice. When facing malicious wounding charges, possible mitigating factors can include; the totality of the circumstances surrounding the wounding, the state of mind of the victim at the time of the wounding, the presence of drugs, alcohol or prescription pills, anything that can call into question the culpability and credibility of witnesses or the alleged victim.
