Building a Richmond Malicious Wounding Defense
Malicious wounding often occurs as a result of robberies gone bad, or bar/club fights. The other way that these charges come about is when a murder attempt fails. Malicious wounding is a felony offense and can have serious consequences for those who are convicted. If you have been charged with malicious wounding, it is vital that you start building a Richmond malicious wounding defense, as soon as possible. Contact a qualified malicious wounding lawyer that could devote the time and resources necessary to build a solid defense for you.
Challenging the Prosecution
In these malicious wounding cases, an attorney may use two strategies when building a defense. Explanations/affirmative defenses and challenging the elements of the crime. One element that attorneys may use when building a Richmond malicious wounding defense, is malice. The attorney may do so by examining statements, audio and video evidence, pictures, expert witness testimony from time to time and hospital records that could show whether the alleged victim actually sustained an injury or not.
Defense Strategies in Malicious Wounding Cases
There are a couple of defenses and mitigating factors that the defense can use to their advantage when building a malicious wounding case. The two approaches that are used most often are self-defense and mutual combat defense.
Self Defense
With self-defense, the defense is arguing that the individual was wounded but the wounding was done in order to protect the defendant. An attorney might also try and show that there was a lack of malice defense because, while the individual was wounded, there was no malice. By avoiding malice, the defense could reduce the offense from a Class 3 felony to a Class 6 felony.
Mutual Combat Defense
The mutual combat defense asserts that the wounded party consented to the touching. It is also known as the boxing offense where two people are in a fight. So, an individual may have been wounded but they consented to the action against them. However, existing case law states that a person cannot really consent to wounding, so it can be a dangerous argument to make, but it has been successful in the past.
Mitigation of the Offense
Whenever an attorney is dealing with a malicious wounding case or any case involving a crime against a person, then the alleged victim can depending on their state, be mitigating. Certain factors to consider when attempting to mitigate a malicious wounding offense include,
- Whether alcohol was involved
- Was the wounded individual drunk and attacking the defendant
- Did the wounded party ingest any other controlled substances that could have influenced their memory and behavior
- Is it a situation where the defendant and the plaintiff were both engaging in already illegal behavior, like a drug deal gone bad?
These could all be mitigating when dealing with a malicious wounding case and could help an individual begin building a Richmond malicious wounding defense.
Qualities to Look for in a Richmond Malicious Wounding Attorney
Competency is the main quality that you should look for when choosing a malicious wounding attorney. When building a Richmond malicious wounding defense, it is important to work with someone who is capable and knowledgeable about assault laws. Another important quality is zeal. You need a lawyer who is going to zealously advocate for you. Malicious wounding cases can be tough. When facing malicious wounding charges, you need a strong defense and somebody who can zealously advocate for your rights. Work with a capable malicious wounding attorney that could advocate for you.
