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Virginia Malicious Wounding Lawyer

Maiming, attempting to kill, or disfiguring another person is going to be construed as malicious if you acted intentionally with little or no provocation. If you are arrested and charged with intentionally harming someone, you need the tenacious representation of a Virginia malicious wounding lawyer now.

Malicious Wounding

Malicious wounding is described in the Code of Virginia § 18.2-51. When considering charging someone with this crime, their acts and mental state are scrutinized to see if they fit the definition of injuring someone with the intention to maim, disfigure, kill, or disable another person.

Claiming that injuries arose in the heat of passion can negate criminal intent to maliciously wound. Crimes based on the heat of passion are committed in the spur of the moment after provocation by the victim before the perpetrator has time to reflect. However, words are not enough to amount to provocation in the heat of passion. Even if someone attacks a person who is taunting them, they can be charged with malicious wounding.

Malicious wounding can occur in a variety of ways, including:

  • Punching and kicking
  • Using a weapon such as a knife or gun
  • Throwing acid on the victim, or causing an explosion
  • Ordering a dog to attack a victim

Malicious wounding is a felony in Virginia and those charged need immediate legal help from a defense lawyer.

Malicious Wounding of Protected Workers and by Mobs

Protected workers perform public services and include professions such as firefighters, police officers, search and rescue personnel, and emergency responders. Va. Code § 18.2-51.1 dictates that malicious wounding of a protected worker carries a mandatory minimum term of imprisonment of two years with up to 30 years in prison and up to a $100,00 fine

The Va. Code § 18.2-41 addresses mob violence and malicious wounding. If a mob disfigures, maims, or disables a person, then everyone in the mob can be charged with the crime. The Virginia Court of Appeals has ruled that every person composing a mob becomes criminally culpable even though the member may not have actively encouraged, aided, or countenanced the act. Commonwealth v. Leal, 265 Va. 142 (2003).

Penalties and Defenses for Malicious Wounding

Malicious wounding is a Class 3 felony that can land a perpetrator in state prison for five to 20 years with a fine of up to $100,000. The fine is the same if the malicious wounding is against a protected worker, but prison time is amped up to between five and 30 years, as it is when the crime is committed using acid, fire, or biological weapons.

The Commonwealth’s Attorney has the burden to prove its case against the Defendant beyond a reasonable doubt. However, defendants are entitled to offer a defense to the charges they have been hit with. A criminal defense attorney will demand copies of the evidence the prosecutor has, talk to witnesses, consult with their client, and devise a credible explanation that could lessen the charges or have them dropped.

Some defenses that are common include that the injured party is mistaken about who the attacker is, the accused was provoked into a crime of passion, the accused had no intent to harm the alleged victim in self-defense.

Work With a Virginia Malicious Wounding Attorney to Protect Your Rights

If the prosecutor believes there is enough evidence to convict you, Price Benowitz will find the best way to stop them or mitigate the damage. If you are charged with this crime, a Virginia malicious wounding lawyer is a phone call away. Set up your free case evaluation now.

Northern Virginia Criminal Defense Group

Northern Virginia Criminal Defense Group
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Northern Virginia Criminal Defense Group
891C Harrison Street SE
Leesburg VA 20175
Times: 7am to 11pm - Mon to Sun
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Northern Virginia Criminal Defense Group
32 Waterloo St
#301

Warrenton VA 20186
Times: 7am to 11pm - Mon to Sun
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Northern Virginia Criminal Defense Group
9119 Church Street
#14

Manassas VA 20110
Times: 7am to 11pm - Mon to Sun
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