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Things to Look for When Selecting a Malicious Wounding Attorney: Part 5 Investigation of the Case

Before retaining a defense attorney in a criminal case one should be assured that the attorney is not going to "drop the ball."

The outcome of any criminal case -- a verdict of "guilty" or "not guilty," or a compromise plea agreement resulting in a less serious punishment -- depends on the strength of the defenses raised to the charge. Many of the steps already have been described in other parts of this series, but because of the unique elements necessary to prove a malicious wounding charge, the experienced defense attorney will make an effort to thoroughly investigate the incident.

Most of the time, the attorney should visit the scene where the event occurred. While doing so he or his investigators should make sketches to scale of the place when warranted, and perhaps photograph and videotape the area to use not only as a reference for preparation of the defense of the case, but to possibly introduce into evidence to cast doubt on the truth of the Commonwealth's evidence.

Depending on the facts of the case, this process may include interviewing the people who saw it, and people who know well the complaining witness (or victim) and the accused. Interviews are particularly important because "intent to maim, disfigure, kill or wound -- with malice" is a key element for the Commonwealth's proof at trial, and establishing lack of such intent or ill will on the part of the accused is material to his defense. Demonstrating that the evidence will not rise high eough to prove "malicious intent" may result in the Commonwealth's Attorney (or the court) reducing the charge to a lesser felony, reducing the charge to a misdemeanor, or dimissing it altogether.

Other defenses to explore at this stage are justification or self-defense, or coming to the defense of another. For instance, if the accused was attacked by the complaining witness, he is entitled to use reasonable force necessary to protect himself from that attack -- but not more than is necessary. Similarly, coming to the defense of someone else is justified, so long as that third person was not the aggressor, or otherwise responsible for his own peril.

The bottom line is that the stakes are so high in malicious wounding cases that a defense attorney cannot hesitate or delay unreasonably in investigating the facts and formulating and implementing his client's defense plan.

Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.

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