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Successful Defense of Malicious Wounding Charges in Virginia Requires the Skills of an Attorney With a Proven Track Record of Successfully Representing Clients Against Malicous Wounding Charges

Malicious wounding is a very serious crime in Virginia. It is more serious than assault and battery, and just only less serious than manslaughter. While it is primarily directed to punish those who stab, or shoot, or use any other kind of weapon, or caustic chemical agent against another person, if any serious bodily injury occurs to the victim by whatever means -- even bare fists -- the charge may be prosecuted.

In more and more instances Commonwealth's Attorneys, magistrates, and police officers are using it to charge people involved in fist fights whenever a participant is injured to the point that medical attention is required.

In many instances a successful defense of the malicious wounding charge is possible. The key element the prosecution must prove to obtain a conviction is the malicious intent of the accused in causing a serious injury to another. Oftimes, there is no direct proof of malicious intent. However, malicious intent can be inferred in a number of ways, and the Commonwealth does not need to offer proof that the accused expressed verbally any ill will, hatred, or intent to harm the victim.

Defending an accused charged with malicious wounding requires a thorough knowledge of the statute, the laws of evidence, and the willingness to thoroughly ferret out all of the facts in the case so that the most effective strategy can be implemented in defending the charges at trial.

A charge of malicious wounding should not be taken lightly. The punishment is severe. A person convicted of malicious wounding faces a prison term ranging from 5 years to 20 years. The factors that may determine the sentencing range to a jury are several, depending on the facts of the particular case and any prior criminal convictions of the accused.

Therefore, it goes without saying that the accused should obtain the services of the best attorney possible with a good track record in defending these charges.

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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