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  1. #1

    Default Malicious Wounding and Assault Charge

    My question involves criminal law for the state of: VA

    My brother has been charged with malicious wounding and assault after an altercation with his ex girlfriend. After the alleged assault, he left the home (they do not live together). The police were call and a warrant was issued for his arrest. Since that time, his name was listed in the paper as a wanted fugitive. He has since turned himself in and his bailed has been denied.

    I was not there to witness the incident and have not had any contact with my brother's ex girlfriend, so I am unsure what did and did not happened. The police were called and pictures where taken of her injuries. It is my understanding that she declined medical attention. He had been in contact with his ex after the incident but not since his arrest. My question is, why would he be held without bond? Does it make a difference that he and she have been in contact with each other since the incident, as if everything is fine? Can the charges be dropped or reduced? What jail time could he be facing? Thanks in advance!

  2. #2
    Join Date
    Sep 2010
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    Default Re: Malicious Wounding and Assault Charge

    He definitely needs a lawyer. The lawyer can see if bond can be set. There could be a number of reasons why there was no bond allowed, but it's uncommon that it can't be fixed. The fact that the couple continues to have a relationship is not uncommon in DV situations like this. However, even if she forgives him, the fact that he committed a serious crime means the commonwealth will continue to pursue the case. Not knowing what the exact charges are I can't give you the exact range, but these are FELONIES and you're looking at maximum sentences in decades.

  3. #3

    Default Re: Malicious Wounding and Assault Charge

    Thank you so much for your response. He is facing a Class 3 felony for the Malicious Wounding and a Class 1 Misdemeanor for the assault charge. Since his arrest, he has been appointed an attorney. He was denied bail when first arrested and has since has a bond hearing and the judge also denied his bail. They are no longer in a relationship, but remained in contact after the incident. I have not contacted her and feel that it is best that I do not.
    I understanding that you may not know this next questions, but just wanted to get your thoughts, Is there a possibility that the charges can be dropped if she does not show up for court or the felony charge reduced.

  4. #4

    Default Re: Malicious Wounding and Assault Charge

    Her presence or lack thereof would have no bearing on the charge the DA decides to bring. If the DA wants her there, they will subpoena her as a witness, and a warrant for her arrest gets issued if she fails to appear. If she makes it known to the DA that she, as the victim, is OK with a reduced charge, the DA may feel more leeway to offer a lesser charge in exchange for a quick conviction, but the DA is under no legal obligation to deal or reduce - they get paid to prosecute cases and they will typically go after whatever the highest level charge they think they can make stick.
    Catherine NeSmith
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