Newport News Malicious Wounding Lawyer
Malicious wounding is where a person caused somebody serious bodily injury, usually, some sort of stabbing, cutting, or wounding with the intent to maim, disfigure, disable, or kill, and it is done with malice. Aggravated malicious wounding is where a person’s actions caused some sort of permanent disfigurement or disability as opposed to just scarring, or the inability to walk or inability to function correctly.
Typically, police will charge a person with malicious wounding when there is an incident in which one party has suffered serious injuries. Often you see them come up as a result of fights that get out of hand or there are arguments between two parties and someone escalates the situation, often by using a weapon. If a person has been accused of malicious wounding, they should consult a Newport News malicious wounding lawyer. A capable assault attorney could devote the time and resources necessary to achieve a positive outcome for an individual.
Elements the Prosecution Must Prove
To prove a malicious wounding case, the prosecutor must show that there was a wound injury, some sort of bodily harm, even if it was just breaking the skin, and show that it was done with the intent to cause serious harm. They also have to show that the defendant acted with malice. Malice is often defined as evil intentions, the desire to cause harm to another person.
A Newport News malicious wounding lawyer could refute evidence presented by the prosecution by getting the evidence together, such as witness statements and photographs of the injuries, and trying to see what exactly the evidence establishes and what the Commonwealth can prove with the evidence it has.
Penalties for Malicious Wounding
Malicious wounding is a Class 3 felony, punishable by up to 20 years in jail. Aggravated malicious wounding is punishable by up to life in prison. Prison is likely in such cases because they are almost certainly going to have a period of supervised probation for at least one year after they have served their sentence. Since it is a felony matter, the ultimate hearing of the case will be in circuit court. Often, in such cases, the defendant and their Newport News malicious wounding attorney could argue that they were defending themselves, and the injuries were not done out of malice, just to protect themselves from further harm. That can be a mitigating factor in a person’s malicious wounding case.
Qualities Looking for a Newport News Malicious Wounding Attorney
A person facing malicious wounding charges should seek a Newport News malicious wounding lawyer who is experienced. It is important to work with an attorney who has handled those types of cases before and is comfortable handling cases where there is a possibility of significant jail time. An individual needs a lawyer that is going to be honest and upfront with them about the best course of action to take in that type of case. If someone has been accused of malicious wounding, they should speak with a qualified lawyer that could build their defense.