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  1. #1
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    Exclamation Malicious Wounding in Virginia - Class 3 Felony

    My brother was arrested for Malicious Wounding in VA. (w/ a couple counts I think). He was involved in a fight w/ several other people. He was getting jumped by at least 3 or 4 of them before stabbing a couple of them. Isn't this an act of self defense? He is 19 and has no priors, this is his 1st offense. His bail was denied. They told him it's a Class 3 Felony, possibly looking at 20 yrs. max. Is this accurate? He go to court next month. How much time could he be facing if any? Help please w/ so feedback or info. Thanks.

  2. #2
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    Default Re: Malicious Wounding Class 3 Felony In Va.

    Q: Isn't this an act of self defense?

    A: No.

  3. #3
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    Default Re: Malicious Wounding Class 3 Felony In Va.

    Quote Quoting seniorjudge
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    Q: Isn't this an act of self defense?

    A: No.
    Y not. He was out numbered.
    So what's he facing?

  4. #4
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    Default Re: Malicious Wounding Class 3 Felony In Va.

    Quote Quoting G-MONEY
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    Y not. He was out numbered.
    So what's he facing?

    If convicted, the penaltites for a class 3 felony are 5-20 years imprisonment and/or $100,000 fine in Virginia.

  5. #5
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    Default Re: Malicious Wounding Class 3 Felony In Va.

    The sentence would depend upon the full facts of the offense, the severity of the injuries he caused, his prior criminal record, and the ultimate conviction charge. If you wish, you can try to work through the Virginia sentencing guidelines, to get an idea of a probable sentence. He should get representation from a good criminal defense lawyer.

    A lawyer could also help assess his claim of "self defense" in light of the full facts of the case.

  6. #6
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    Default Re: Malicious Wounding Class 3 Felony In Va.

    Quote Quoting G-MONEY
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    Y not. He was out numbered.
    So what's he facing?
    The general reason that it was not self-defense is that he responded to non-deadly force with deadly force.

  7. #7
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    Default Re: Malicious Wounding Class 3 Felony In Va.

    Quote Quoting Happy Trails
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    If convicted, the penaltites for a class 3 felony are 5-20 years imprisonment and/or $100,000 fine in Virginia.
    So he couldn't plead his case for being out numbered?
    What could he plea down to for a lesser sentence even though it's his 1st offense?

  8. #8
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    Default Re: Malicious Wounding Class 3 Felony In Va.

    Quote Quoting seniorjudge
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    The general reason that it was not self-defense is that he responded to non-deadly force with deadly force.
    Oh, ... so what should one do if attacked & outnumbered?

  9. #9
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    Default Re: Malicious Wounding Class 3 Felony In Va.

    We don't know the facts. But if it was just a fist fight and your brother chose to continue to fight and then chose to escalate it to a one-sided knife fight, particularly in the absence of his ability to legitimately claim fear for his own life it would be quite difficult to make a self-defense claim.

  10. #10
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    Default Re: Malicious Wounding Class 3 Felony In Va.

    Quote Quoting aaron
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    We don't know the facts. But if it was just a fist fight and your brother chose to continue to fight and then chose to escalate it to a one-sided knife fight, particularly in the absence of his ability to legitimately claim fear for his own life it would be quite difficult to make a self-defense claim.
    He was jumped if that counts 4 sumthin.
    So being it's his 1st offense, u think he'll get a lot of time?
    What if the knife is legal to carry?

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