If your temper gets the best of you and you purposely maim, disfigure, or disable another person, a Virginia prosecutor can charge you with malicious wounding. If the injuries you inflict on another turn out to be severe, the charges can be raised to aggravated status. Do not take these charges lightly, because your freedom, comfort, and way of life could be impacted.
It does not matter how someone attempts to kill or maim another person, the prosecutor must prove the elements of malice and intent to make charges stick. A Virginia aggravated malicious wounding lawyer can help you make sense of these charges.
Malicious wounding under Code of Virginia § 18.2-51 is based on the legal premise of malice, which is the doing of a wrongful act intentionally, or without just cause or excuse, or as a result of ill will. Malice can be directly evidenced by words or inferred from the Defendant’s acts and conduct.
Aggravated malicious wounding under Va. Code § 18.2-51.2 occurs when severe injury results from a malicious wounding. The main differences between malicious wounding and aggravated malicious wounding are the extent of the victim’s injuries.
While malicious wounding is a Class 3 felony with punishment to include five to 20 years in state prison with a fine of up to $100,000, aggravated malicious wounding carries worse penalties. Those convicted of this Class 2 felony could be sent to state prison for at least 20 years and up to life, with a fine up to $100,000.
These charges and this punishment affect not only a defendant, but their family, which could be separated by years of incarceration. If released from prison, a convicted felon may lose the right to vote, own firearms, and may have a hard time finding jobs and housing. If charged with aggravated malicious wounding, contact a Virginia attorney to begin building a credible defense.
All citizens charged with a crime are entitled to face a jury of their peers and explain why they should not be found guilty. The prosecutor has a duty to prove an accused committed the crime beyond a reasonable doubt, and if an assault defense attorney can plant doubt in the jury members’ minds, the accused could be found not guilty. Some common defenses to aggravated malicious wounding charges in Virginia include:
Police procedural mistakes can also lead to some evidence being omitted or charges being dropped.
If you assault another person and the injuries are grave, you could face a Class 2 felony in Virginia, which means you could be incarcerated for the rest of your life. You need help now.
We can discern if your case meets the criteria for this crime. You might have been defending yourself or someone provoked you. Our Virginia aggravated malicious wounding lawyers are highly skilled at refuting prosecutors who do not have exact evidence or who ignore the defenses that could exonerate you. Call now for a free case evaluation with Price Benowitz.
Northern Virginia Criminal Defense Group