Did you find yourself in a violent situation? Did the police charge you for it? If you reside in Virginia and you are facing charges for assault and battery or malicious wounding, you are looking at a probable jail sentence. This would be a good time to engage the services of a qualified and experienced criminal defense attorney working for a reputable law firm in Virginia. They can provide you with an array of legal options to help you out. You can educate yourself on the difference malicious wounding and assault battery in Virginia. In both instances, you will need the assistance of a criminal defense attorney.
Malicious Wounding and Assault and Battery in Virginia
Malicious wounding occurs when you seriously injure another person. It includes wounds, stabs, cuts, and shoots or any type of bodily injury with the intent to kill, disable, maim, or disfigure. The police will charge you with a Class 3 felony, resulting in you receiving anywhere from 5 to 20 years behind bars plus a fine of up to $100,000. According to the law, it suggests that malicious wounding deals with firearms or serious injuries and for most instances, this is true.
However, your criminal defense attorney will tell you that these factors are not a must. The statue states, “by any means” and bodily injury can mean drawing of blood. For this reason, the frame of the mind of the person who committed the act along with the facts of the case matter a great deal in cases involving malicious wounding.
For instance, you attacked another person with a knife, maliciously wounding them. If one of your punches breaks their nose, the police will view it as a bodily injury, thus putting it in the same category as malicious wounding. In assault and battery cases, your criminal defense attorney has to prove to court that you acted in self-defense whereas the prosecutor has to show that you intended to commit the act.
In malicious wounding cases, the prosecutor has to show the court that you acted with malice. Malice is when a person purposely intended to commit the act without being provoked to do it, meaning they planned it out.
The prosecutor will have to rely on circumstantial evidence to prove the malicious wounding charge against you. This include staying that the victim was unarmed, at a significant disadvantage, the manner in which they were attacked, or they were hit at a vulnerable part of their body such as their head.
Is the difference between malicious wounding and assault and battery in Virginia clear to you? If you are still confused, you need to get in touch with a criminal defense attorney to defend you against the prosecutor in court. Depending on the charge, they will create a powerful defense for you. Schedule your appointment for a consultation on your case today.