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  1. #11
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Malicious Wounding Class 3 Felony In Va.

    Quote Quoting G-MONEY
    View Post
    So being it's his 1st offense, u think he'll get a lot of time?
    The sentencing guidelines are linked above.
    Quote Quoting G-MONEY
    What if the knife is legal to carry?
    That wouldn't, of itself, make it legal to either threaten or stab people with it.

  2. #12
    Join Date
    Dec 2006
    Location
    VA
    Posts
    8

    Default Re: Malicious Wounding Class 3 Felony In Va.

    Quote Quoting aaron
    View Post
    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.
    THANKS.........

  3. #13
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Malicious Wounding Class 3 Felony In Va.

    Quote Quoting G-MONEY
    View Post
    Oh, ... so what should one do if attacked & outnumbered?
    Run away.

    Very fast.

  4. #14
    Join Date
    Dec 2006
    Location
    VA
    Posts
    8

    Default Re: Malicious Wounding Class 3 Felony In Va.

    Quote Quoting seniorjudge
    View Post
    Run away.

    Very fast.
    Naw .... , 4real?

  5. #15
    Join Date
    Dec 2006
    Location
    VA
    Posts
    8

    Default Re: Malicious Wounding Class 3 Felony In Va.

    Quote Quoting aaron
    View Post
    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.
    Man, I can't figure out the scoring & how 2 determine the sentencing.

  6. #16
    Join Date
    Dec 2006
    Location
    Virginia
    Posts
    1

    Default Re: Malicious Wounding in Virginia - Class 3 Felony

    I had no idea this was such a serious charge. First off I've never been in trouble with the law before. It seems I will be charged with the same thing very soon. The only thing is, I didn't use any weapons and never had any formal martial arts training. Does breaking someone jaw count as malicious assault? Basicall, I invited the man to my home because he had nowhere else to go for the night and he ends up trying to fight me. Now, if he throws the first punch, and I only hit him once to neutralize him, throw him out, then call the police on him cause I think he might do something stupid, does this count as self defense? I haven't been arrested but I have been threatened more than once that this will go through. Until it actually does, I'm very inclined to just stay indoors till the whole thing blows over. Is that a smart thing to do. I know this situation seems very one sided in the fact that I was totally innocent but not the point where I hit him. I hit as hard as I could because I have never been in a fight as an adult and had no idea how much force someone could carry in thier fists. However, being threatened for my safety in my own home I know there is a legitimate defense. I really don't know what to expect but from what I've read so far on these forums I guess I'll get a lawyer when I need to and build my case with him from there. It just seems like the victims in most of these charges are the ones being charged and the offender has right to claim anything for the sake of claiming. Protect the offender? If these people weren't out commiting crimes in the first place then the types of things that happen to them during those crimes woulnd'nt of happened. Is it right to go into someone's house and try to beat them up? Then try to put them in jail cause you could'nt?

  7. #17
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Malicious Wounding in Virginia - Class 3 Felony

    It sounds like it would be a good idea for you to consult a criminal defense lawyer now, before you are charged, to see if anything might be done to head things off.

  8. #18

    Default Re: Malicious Wounding in Virginia - Class 3 Felony

    G-Money,
    As far as my knowledge you would be facing about 3-4 years. If the judge convicted by the recomendations thats what youd be looking at.

  9. #19

    Default Re: Malicious Wounding in Virginia - Class 3 Felony

    It seems like whoever calls the police first is given the benefit of the doubt unless evidence to the contrary. Honestly it's pretty easy to avoid fights and that's the best course.

  10. #20
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Malicious Wounding in Virginia - Class 3 Felony

    Quote Quoting fireemsobrien
    View Post
    G-Money,
    As far as my knowledge you would be facing about 3-4 years. If the judge convicted by the recomendations thats what youd be looking at.
    Let's not dig up 4 year old threads, huh?

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