Facing charges for malicious/unlawful wounding can be overwhelming. If you have been charged with malicious/unlawful wounding in Fairfax, you need to seek the guidance of a knowledgeable assault attorney to ensure your legal rights are protected.
The Leiva Law Firm can answer your questions about pending charges. We will make sure you understand the charges and your rights. We can provide your case the immediate attention that is needed to defend against an unlawful wounding allegation. Contact us today to discuss your case.
Unlawful wounding occurs when a person unlawfully shoots, stabs, cuts, wounds, or causes bodily injury by any means to another person. The defendant must be shown to have the intent to disfigure, maim, disable, or kill another. If a person in Fairfax is found guilty of unlawful wounding, they are charged with a Class 6 felony. The penalty for a Class 6 felony is up to five years in prison or up to 12 months in jail, a fine of up to $500, or both (Virginia Code 18.2-51).
Malicious wounding, on the other hand, involves the same acts as unlawful wounding but is committed with malice. Malice is defined as a wrongful act done willfully or purposefully, either with a sedate and deliberate mind or as a cruel act without great provocation. Malicious wounding is a Class 3 felony punishable by a minimum of five years and a maximum of 20 years in prison, as well as a fine of up to $100,000.
Aggravated Malicious Wounding is when a defendant maliciously shoots, stabs, cuts, or wounds another person, or causes bodily injury by any means. The act must be committed with the intent to maim, disfigure, disable, or kill, and the victim must suffer a severe injury that results in permanent and significant physical impairment. Aggravated malicious wounding is a class 2 felony and carries a prison sentence of 20 years to life.
Knowing the differences between these crimes is essential to building an effective defense. Our experienced attorney can identify whether your case involves unlawful or malicious wounding and develop a strategy that addresses the unique challenges associated with each type of charge.
If you have been charged with unlawful wounding, you need to speak with a knowledgeable attorney who can defend you against the allegations in Fairfax. One defense for unlawful wounding is self-defense. The defendant must show that they used reasonable force to protect themselves from harm. Another defense may be that the defendant’s actions were needed to prevent an immediate harm. An attorney may argue that the defendant did not have the intent to commit the crime, and it was accidental. The defendant may utilize a defense that they were misidentified, and it was someone else who committed the crime. Also, after reviewing medical records, an attorney may argue that the injury did not rise to the level of showing an intent to disfigure, maim, disable, or kill. An experienced defense attorney may challenge the sufficiency of the evidence, pointing out inconsistencies in testimony or other issues with the evidence presented at trial. A knowledgeable lawyer can discuss all potential defenses to unlawful wounding charges.
Being charged criminally can be scary and can have you facing years in prison and large fines. You may be uncertain what the future holds or how to move forward after allegations are made. If you have been charged with unlawful wounding in Fairfax, you must speak with a dedicated attorney to protect your legal rights. Whether the allegation involves a non-malicious act or an aggravated incident causing permanent injury, a strong defense strategy is crucial.
At The Leiva Law Firm, we advocate for those who are facing criminal charges. We have the experience needed to defend you at trial. We investigate each case to develop the best defense for our clients. Reach out to us today to discuss your case and next steps.
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