ExpertLaw.com Forums

Malicious Wounding in Virginia - Class 3 Felony

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 12-05-2006, 12:39 PM
    G-MONEY
    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
    seniorjudge
    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
    G-MONEY
    Re: Malicious Wounding Class 3 Felony In Va.
    Quote:

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

    A: No.

    Y not. He was out numbered.
    So what's he facing?
  • 12-05-2006, 01:59 PM
    Happy Trails
    Re: Malicious Wounding Class 3 Felony In Va.
    Quote:

    Quoting G-MONEY
    View Post
    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
    aaron
    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
    seniorjudge
    Re: Malicious Wounding Class 3 Felony In Va.
    Quote:

    Quoting G-MONEY
    View Post
    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
    G-MONEY
    Re: Malicious Wounding Class 3 Felony In Va.
    Quote:

    Quoting Happy Trails
    View Post
    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?
  • 12-05-2006, 02:16 PM
    G-MONEY
    Re: Malicious Wounding Class 3 Felony In Va.
    Quote:

    Quoting seniorjudge
    View Post
    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
    aaron
    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
    G-MONEY
    Re: Malicious Wounding Class 3 Felony In Va.
    Quote:

    Quoting aaron
    View Post
    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?
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 04:12 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved