Unlawful wounding occurs when an individual inflicts an actual wound or bodily injury with the intent to maim, disfigure, disable, or kill someone. Since this offense is often viewed as a more serious offense than simple assault, it may be advisable to contact a skilled defense attorney that could help defend your case. Contact a Prince William County unlawful wounding lawyer today for a free consultation.
Unlawful wounding charges may arise when a defendant is unable to prove the cause of the infliction was fully from self-defense, also known as imperfect self-defense.
The difference between unlawful wounding and malicious wounding may be the absence of malice by the defendant when allegedly injuring the plaintiff. If the defendant acted without deliberation or for some justifiable excuse that did not involve cruel or wrongful motivation, unlawful wounding is the more appropriate charge.
The penalties for unlawful wounding in Prince William County may include imprisonment of up to five years and a fine of up to $2,500. Probation could be possible for any alleged violent felony offense in Virginia, including unlawful wounding.
This type of assault case could be heard in the circuit court because district courts do not have jurisdiction to resolve felony cases.
The charge still has to go through a preliminary hearing in the general district court to determine whether there is probable cause to support the case before the case is certified up to a circuit court for trial.
A prosecutor needs to prove the following elements beyond a reasonable doubt for an unlawful wounding charge:
The evidence in an unlawful wounding case is very similar to misdemeanor assault cases, except there is the added element that bodily injury occurred. A wounding or bodily injury legally requires a breach of the skin by an external force or internal damage to organs or bones.
There could be some medical records evidence, or preserved photographic evidence of injuries, that prosecutors turn to as additional proof in an unlawful wounding case. A Prince William County unlawful wounding lawyer may be able to help combat any evidence brought out by the prosecution.
Direct evidence of intent is neither required nor common. The law allows the judge or jury to infer or assume intent from the nature of the acts committed.
If a particularly serious injury was suffered, or if the defendant allegedly did something that commonly causes a serious injury under the circumstances, the intent could be proven for purposes of the prosecution.
Dealing with an assault charge could be intimidating and confusing. A talented assault attorney may be experienced in dealing with a case like yours and could help to explain the process to you. By contacting a Prince William County unlawful wounding lawyer, you could help to create a good defense plan and defend your rights.
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