Due to the violent nature of a malicious wounding charge, those who are charged in Virginia are immediately arrested and detained without bond. With the assistance of an experienced defense attorney, defendants can potentially be released before their trial through a bond hearing. The Law Offices of Kermit A. Monge, PLLC, provides legal counsel to those charged and works to ensure defendants are given a fair trial.
Malicious Wounding Under Virginia State Laws
Considered a class 3 felony, malicious wounding charges carry jail sentences up to 20 years and fines totaling upwards of $100,000. In addition, these charges remain on criminal records for life for those who are successfully convicted. Virginia code defines malicious wounding as an individual who causes bodily injury by maliciously shooting, stabbing, cutting, or wounding another individual with the intent to maim, disable, or kill. In order to successfully convict an individual, the Commonwealth of Virginia must prove the act is considered malicious wounding beyond a reasonable doubt.
Malice
To prove malicious wounding, the Commonwealth must prove the act was committed with malice. In order to prove malice, they must show that the act was performed with specific intent and was willfully committed without legal justification. Acts that cause injury to another individual stemming from anger, hatred, or revenge are often considered qualifying as malice.
Heat Of Passion
The prosecution must also prove the defendant committed the act under a normal emotional state of mind to qualify the act as malice. Acts that are provoked under an irregular state of mind are often not considered malice, as long as the defendant can show that they would have not committed the act under a normal emotional state of mind. For example, a husband walking in on a cheating wife commits a bodily injury to her lover in response to the shock of the situation.
Speak To An Experienced Criminal Defense Attorney
For the Commonwealth of Virginia to successfully convict an individual with malicious wounding, the prosecution must prove the defendant committed the act beyond a reasonable doubt. The sentences and fines malicious wounding charges carry are severe, which means it is important for those facing these charges to seek legal representation from an experienced criminal defense attorney. Reach out to the Law Offices of Kermit A. Monge today by calling 703.273.5500 or request a consultation online today.