My question involves criminal law for the state of: VA
My son (26) was stabbed in the throat by a woman while at his Uncle's house. This was Sunday evening. She broke a beer/wine bottle and thrust it into his throat. Luckily, she missed his carotid artery by less than 1/8th of an inch. He is still in the hospital as they are combating infection and a small puncture to either his lung or windpipe. The deputy said they were charging her with malicious wounding( awaiting further developments in my son's condition). She was highly intoxicated and she is a known drug user. ( she has a prescription drug problem..ie..zanax, oxycotin, etc etc ) She was to appear this past Monday in court for assaulting a police officer. My question is this...given the fact that she broke a bottle and stabbed him in the throat, wouldn't that be attempted murder? Also, will the prosecutor look at her past offenses in his determination of exactly what to charge her with? This woman is a danger to society as her prior offenses have shown. If she gets away with a lesser charge she might kill someone the next time.

