Hampton Roads Unlawful Malicious Wounding Lawyer

Malicious wounding is when a person causes an injury to another person with intent to cause serious harm. The penalty for malicious wounding, which is a Class Three felony, is up to 20 years in prison. Aggravated malicious wounding is a Class Two felony, meaning it is punishable by up to life in prison. The sorts of situations in which this happens are fights and arguments that get out of hand. It often starts out as a verbal argument, one person becomes physical, and the victim escalates it by either using a weapon or raising the level of physical violence to cause serious injuries.

Schedule a consultation with a seasoned defense attorney if you have been accused of this offense. A Hampton Roads unlawful malicious wounding lawyer could work tirelessly to see that you have effectively prepared for trial.

Elements Needed to be Proven in a Malicious Wounding Case

The elements the prosecutor needs to prove in malicious wounding cases include that there was an injury. The Commonwealth must prove there was some sort of injury, like the breaking of the skin, broken bone accounts, or broken teeth. They have to show that it was done with malice, meaning that it was not accidental and done intentionally with the purpose of causing harm.

They have to prove that the person was intending to either kill the alleged victim or seriously injure the alleged victim with their actions. For example, if a person stabs somebody with a knife because the knife is considered a deadly weapon it would be considered malice.

Refuting Evidence Brought by the Prosecution

Attorneys may refute evidence presented by the prosecution with third-party witnesses. They also look at the physical and see what exactly may be proven. A Hampton Roads unlawful malicious wounding lawyer could show that the alleged perpetrator was defending themselves, which could work as a defense. In the event of a fight or some type of physical altercation, an attorney able to show that the other party was the aggressor. This could lead to this charge being reduced to a lesser offense or dismissed.

Aggravated Malicious Wounding in Hampton Roads

Aggravated malicious wounding in Hampton Roads is when a person injures somebody, similar to malicious wounding to cause an injury, but the injury is severe that it leads to permanent or significant physical impairment. Most of the time malicious wounding charges arise in Hampton Roads when there is a serious fight and serious injury caused. In many of these cases, a person has sustained injuries as a result of a shooting or stabbing.


A person would likely have to serve some sort of supervised or unsupervised probation for these charges. However, both of these situations often result in an active period of incarceration. When there is actual physical injury and the courts are less likely to treat it as a probation situation. The guidelines sentencing the guidelines recommend an active period of incarceration usually starting at over a year for malicious wounding and more than that for most aggravated malicious wounding. For help with negotiating probation with a judge and/or jury, individuals should contact a Hampton Roads unlawful malicious wounding lawyer that could help..

Hiring a Hampton Roads Unlawful Malicious Wounding Attorney

The quality that you should look for in a Hampton Roads unlawful malicious wounding lawyer to defend you is experienced in handling these types of cases. They can go over the evidence with you and figure out which defense would be most effective for your case. An attorney fully understands the gravity of this charge and can work with you to ensure that you have received the legal representation you deserve. Do not wait, contact an attorney today.