| Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions. |
 |
|
12-05-2006, 12:39 PM
|
|
Junior Member
|
|
Join Date: Dec 2006
Location: VA
Posts: 8
|
|
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.
|
12-05-2006, 01:00 PM
|
|
Senior Member
|
|
Join Date: Jul 2006
Posts: 5,442
|
|
Re: Malicious Wounding Class 3 Felony In Va.
Q: Isn't this an act of self defense?
A: No.
|
12-05-2006, 01:10 PM
|
|
Junior Member
|
|
Join Date: Dec 2006
Location: VA
Posts: 8
|
|
Re: Malicious Wounding Class 3 Felony In Va.
Quoting seniorjudge
|
|
Q: Isn't this an act of self defense?
A: No.
|
Y not. He was out numbered.
So what's he facing?
Last edited by G-MONEY; 12-05-2006 at 01:16 PM.
|
12-05-2006, 01:59 PM
|
|
Senior Member
|
|
Join Date: Jul 2006
Posts: 2,653
|
|
Re: Malicious Wounding Class 3 Felony In Va.
Quoting G-MONEY
|
|
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.
|
12-05-2006, 02:11 PM
|
|
Administrator
|
|
Join Date: Mar 2005
Location: Michigan
Posts: 26,484
|
|
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.
|
12-05-2006, 02:14 PM
|
|
Senior Member
|
|
Join Date: Jul 2006
Posts: 5,442
|
|
Re: Malicious Wounding Class 3 Felony In Va.
Quoting G-MONEY
|
|
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.
|
12-05-2006, 02:14 PM
|
|
Junior Member
|
|
Join Date: Dec 2006
Location: VA
Posts: 8
|
|
Re: Malicious Wounding Class 3 Felony In Va.
Quoting Happy Trails
|
|
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?
Last edited by G-MONEY; 12-05-2006 at 02:20 PM.
|
12-05-2006, 02:16 PM
|
|
Junior Member
|
|
Join Date: Dec 2006
Location: VA
Posts: 8
|
|
Re: Malicious Wounding Class 3 Felony In Va.
Quoting seniorjudge
|
|
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?
|
12-05-2006, 02:28 PM
|
|
Administrator
|
|
Join Date: Mar 2005
Location: Michigan
Posts: 26,484
|
|
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.
|
12-05-2006, 04:12 PM
|
|
Junior Member
|
|
Join Date: Dec 2006
Location: VA
Posts: 8
|
|
Re: Malicious Wounding Class 3 Felony In Va.
Quoting aaron
|
|
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?
|
| Thread Tools |
|
|
| Display Modes |
 Linear Mode
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
|
 |
Forum Sponsor |
|
|
All times are GMT -7. The time now is 01:15 PM.
Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.
|
|
Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2008 ExpertLaw.com, All Rights Reserved
