My question involves criminal law for the state of: VA
My fiancee (age 22) recently was arrested for a Class 3 Felony Malicious Wounding charge against a minor (age 17, we didn't know him or how old he was).
We were at a public pool when this kid made a remark about a color that my fiancee was wearing... they exchanged a few heated words and the kid balled his fists up. My fiancee punched him square in the face resulting in knocking four of his front teeth out. The kid returned the punch bloodying my fiancees nose and they continued to exchange blows for a few minutes. 4 days later a warrent was filed against my fiancee.
The kid claims my man had a rock the size of his fist in his hand and that's what he used to knock out his teeth with (there was never a rock, nor any around us that size). In court he said he never saw my man pick up a rock, but saw him bend down and toss one away just as he was recovering from the first blow and realizing his teeth were gone. To my knowledge there were no cuts or bruises to claim he was hit by anything other than the fist he was hit with.
I can see this being a possible unlawful wounding or assault and battery (or possibly mutal combat) but there was no "intent" to maim, disfigure or kill. We have a lawyer, but I'm looking for the opinions of others as well.
We go to circuit court, taking judge -not jury, in early December.
Opinions?

