Proving Richmond Unlawful Wounding Cases
Unlawful wounding is taken seriously as an offense. As a result, prosecutors take proving Richmond unlawful wounding cases seriously as well. That is why you need a lawyer that could work just as diligently to build your defense. If you have been charged with an unlawful wounding offense, consult an experienced unlawful wounding attorney that could advocate for you.
Elements the Prosecution Must Prove
When proving Richmond unlawful wounding cases, the prosecutor has to prove that there was some kind of wounding, which can be anything from a cut, gash, bleeding, or a black eye. Even bruising is considered wounding by the statute. They have to prove that there was a wounding. They have to prove that the wounding was done by the defendant. The defendant was the one who did the wounding. They intended to do the wounding, but they did not intend to maim, kill, disable, or disfigure.
Evidence the Prosecution May Use
When dealing with unlawful wounding cases, the evidence is the same in an assault. It includes statements from not only the alleged victim but also any third party witnesses. Also, video and photographic evidence is vital in unlawful wounding cases, because that is what the Commonwealth has to show that there was, in fact, a wound.
Evidence that the prosecution may use when proving Richmond unlawful wounding cases includes pictures of the wound and videos of the assault.
Importance of Expert Witnesses and Witness Testimony
Also, when dealing with unlawful woundings, since there has to be some kind of injury, a person is typically going to be looking at doctor’s visits and doctor’s notes and talk to doctors who have been subpoenaed to come to court and testify about their records from when they treated the alleged victim.
In the totality, a person is looking at the testimony, including statements, video of the incident, photographs of the wound, any statements from third-party witnesses, any doctor’s notes, and doctor’s testimony about what the notes said.
Proving Intent
The prosecution may go about proving intent in a couple of ways. The first and easiest way is by using the defendant’s statements. If a person has an individual who made statements to the police and discussed what they were trying to do that is when they get to prove intent.
Another way that intent is proven or shown is with a totality of the circumstances test. That is when a judge or the prosecutor presents evidence to the judge or the jury and it is totality and leads them to show the intent of the defendant through those circumstances.
Totality of the Circumstances Test Put to Use
For example, if person A has a plastic wiffle bat, they swing it, they hit person B in the head with it, and they are laughing and joking around, but that bat happens to split person B’s head open accidentally, it can be considered an unlawful wounding. The person was wounded and had their head split open, but the circumstances around it would not show malice. They were laughing, joking, and playing with a plastic wiffle bat.
In that same situation, if that plastic wiffle bat was an aluminum bat, the person doing the swinging was screaming and yelling at the victim about a fight that they had earlier in the day, and they hit the other person the head with it, those circumstances are different. The fact that this person grabbed the aluminum bat, that they were not joking around, and that they were playing would show the intent of the actor and that would be used by the prosecution in the totality of the circumstances test without the individual actually saying, that they intend to maim, disfigure, disable, or kill someone.
Value of a Richmond Unlawful Wounding Attorney
The prosecution’s primary goal is proving Richmond unlawful wounding cases. An experienced unlawful wounding attorney could leverage their knowledge and relationships with the local prosecutors and courts, in order to fight for a favorable outcome. If an individual has been charged with an unlawful wounding offense, they should consult a capable attorney that could advocate for them.
