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  1. #1
    Join Date
    Oct 2006
    Posts
    7

    Default Malicious Wounding in Virginia

    I am speaking on behalf of a friend, I was wondering if anyone could give me any helping facts, possible outcomes, and any advice one should do before and during court. Here are the facts that were presented to me. These are spoken from the defendant

    it happened on the 15th of september
    i dont know the kid very well but he picked me up to go to a party we were both invited to we got there, everyones drinkin. He starts grabbin me by the waist and so I tell him to stop touching me. He then begins to start pickin me up and throwin me in the pool. touchin my butt for probably an hour and a half, im telling him to leave me alone and he just keeps gropin me, picking me up by the waist, tossing me around etc. everyone else thats there is telling him to leave me alone too but he doesnt listen so I punch him in the face then he picks me up, and i kick him in the crotch. I get up off the ground and start walking toward the table everyones sitting at to get away from him and he starts to follow me
    when he gets prolly 10 feet in front of me i yell for him to leave me alone and he gets prolly another 2 feet closer b4 i throw the liqour bottle in his direction
    obviously, it breaks on his face. even though that wasnt my intentions...someone goes and grabs him a towel and i run around trying to find a ride to leave. cuz he was my ride so then finally my friend david takes me n my friend trey back to his place. THEN the next morning chris sends me a picture of his face. subject line- "fun pics!" i got home the next day prolly around 2 and he sends me a msg on aim to tell me that he isnt mad at me and that he still wants to be friends
    and i dont respond to him. obviously. he keeps writing me so i tell him i dont wana talk anymore
    then he starts going off about how i had to have known that he was just screwing around. I block him. then he sends me a msg on myspace saying that hes still not mad but his mom wants him to press charges against me. but he doesnt want to
    they arrested me they didnt even show me a warrant

    So the ending details is that, she is being charged with Malacious Wounding and her lawyer is saying she is going away for 5 years. From this perspective, it doesnt look like the guy is not getting charged with anything. They both were drinking, she was underage, he wasnt. He provided alcohol to her, the underaged drinker. This is Stafford County, Virginia. Her court date is mid January

    Any assistance would be greatly appreciated.

  2. #2

    Default Re: Malacious Wounding in Virginia

    The repeated unwanted sexual touching could have been stopped quickly with a call to 911. Someone who doesn't understand that a kick to the crotch means STOP has some serious issues and is likely to have a stream of other victims behind him, and ahead of him as well. I suspect that calling police (or simply leaving) didn't happen because all parties were drinking and didn't want to get in trouble. This is why unwanted and nonconsentual activity happens everyday, yet goes unreported. Situations like this are exactly WHY alcohol consumption is restricted due to age.

    How long she's "going away for" depends on factors that you haven't told us - namely, is she a minor? (under legal drinking age and minor are two different things in most states)

    The guy isn't getting charged with anything because no one filed a complaint against him. I suspect she'll have a hard time saying she was at a party, but only HE was the one providing alcohol to her. However, she should be able to find several witnesses to the activity in question - I sure wouldn't forget seeing someone kicked in the crotch and a bottle broken on their face! Hopefully someone there was sober enough to have a clear recollection of events.

  3. #3
    Join Date
    Oct 2006
    Posts
    7

    Default Re: Malicious Wounding in Virginia

    She is over 18 but under 21, 18 at the time it happened. You think she should file a dispute for sexual harrassment against him as well?

    He was over 21 and they all were drinking at the party. Any more advice or response?

  4. #4

    Default Re: Malicious Wounding in Virginia

    Quote Quoting Zaxious
    View Post
    She is over 18 but under 21, 18 at the time it happened. You think she should file a dispute for sexual harrassment against him as well?

    He was over 21 and they all were drinking at the party. Any more advice or response?
    Not sexual harassment - simple assault (maybe sexual assault depending on the facts).

    HER lawyer is telling her she'll go away for 5 years? I suspect that HIS lawyer is telling her that or her lawyer is telling her that is the max she'll go away for (or her lawyer is a sucka$$ lawyer or plan on putting on no defense).

  5. #5
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Malicious Wounding in Virginia

    Well, his mommy has definitely created a problem for you and unbeknownst to her, has created a problem for her son once a good attorney gets ahold of your case. Mommy could have done better by bringing up a civil action. Because of her son's irresponsibility and hormones two young lives are going to be ruined.

    The reason it is a problem for you:
    In cases of violence the state becomes the complainant and the victim becomes the witness. They changed these laws a while back because of domestic violence victims recanting and withdrawing charges only to get hurt again.

    Malicious wounding IS a FELONY in the Commonwealth of Virginia and has a maximum 20 year penalty. What the lawyer is probably trying to do is get the charges dropped to unlawful woulding, STILL a FELONY, but carries a max of 5 years. Felonies are serious crimes and can result in loss of many of your rights and can prevent you from going to college or even finishing high school in some Counties in the Commonwealth. It will definitely prevent you from getting a good job and can even prevent you from marrying the "right person." It can also prevent you from being around other felons, which can prevent you from getting a job where another felon works. Felony probation is NO JOKE!

    If your attorney was worth the paper that his/her J.D. was printed on they would at least try to get the charges dropped to a misdemeanor assault charge, get malicious wounding and unlawful wounding tossed out AND they would also get a compalint filed with the Stafford County Police regarding the unwanted sexual assault.

    The reason it is going to be a problem for Mr. Grabass:
    Playing a game of "grabass" where the grabbing of the buttocks is unwelcomed (no means no and stop means stop) is illegal in Virginia. In fact the state code protects persons in so much as they don't require you to first say no. A good attorney can clarify this. A good former DA attorney turned criminal defense attorney with plenty of years under their belt is likely what you will find will provide the best defense. Good attorneys are about their legal knowledge AND their relationship with the DA's office and the person in the robes.

    In closing, be prepared to spend about $3,000 to $5,000 for a good attorney who will protect your rights. Expect it to double or triple if it goes to a jury trial.

    Trust me when I say that protecting your rights and dodging a felony conviction can mean the difference of over $2 MILLION dollars in your lifetime.

    If it were my kid I would take out a second mortgage in a heartbeat and find the most ferocious criminal defense attorney in the state and would follow up with good witnesses and a civil suit for sexual assault. Then again, that is probably why I don't have any daughters and am overprotective of my niece.

    I am not an attorney. I studied Criminal Justice in college and focused on federal laws, and state laws of Virginia, West Virginia, and Kentucky as they apply to enforcing the law. I am not in law enforcement.

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