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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23549
Experience:  Active member of the NYS bar since 1989
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How much time can someone get for milicious wounding only

Customer Question

how much time can someone get for milicious wounding only done 1time
JA: What state are you in? It matters because laws vary by location.
Customer: lynchburg, va
JA: Has anything been filed or reported?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: well my son is in jail for these charges: malicious wounding,aduction and child neg and destruction of property and assault and battery 3rd offense I want to get an idea of how much time he may or can get and what the cheapest lawyer that i can get to represent him
Submitted: 19 days ago.
Category: Legal
Expert:  Zoey, JD replied 19 days ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Customer: replied 19 days ago.
ok r u there Zoey
Expert:  Zoey, JD replied 19 days ago.

Yes. I'm almost through with the answer.

Customer: replied 19 days ago.
no we can chat online
Customer: replied 19 days ago.
ok I'm here waiting for ya response zoey
Expert:  Zoey, JD replied 19 days ago.

The top count is the most serious charge. Malicious wounding carries a penalty of anywhere from five to 20 years in prison. It's a class 3 felony. Abduction is a class 5 felony, but if the person abducted is his child, which appears likely from the other charges, it's only a class 1 misdemeanor with a maximum of a year in jail. I need more facts to determine the possible penalties for the other charges, but my guess is that if he wanted to resolve this with an offer instead of trial, he's going to be looking at something around 5 years.

Lawyers set rates based on how much time they think it will take to resolve the client's legal matter. If your son wants to have a plea agreement negotiated this would be a great deal cheaper than a trial, because it requires much less time to accomplish. A trial on charges of this sort would be expensive, as the stakes are high, upwards of $10,000.

You can get a more specific ballpark estimate for your part of the country by talking to the Virginia Bar Association's Lawyer Referral Service.

Customer: replied 19 days ago.
ok the aduction they claim is for baby ma ma & malicious wounding is for baby ma ma & assault & battery 3rd offense is for baby ma ma too & destruction of property is under$1,000.the victim has told court she don't want to press charges cause she said the defendant didn't do malicious wounding or aduction or child neglect but court has sent it from juvenile court to circuit court so what could happen
Customer: replied 19 days ago.
basically victim is not trying to testify again defendant cause she don't want him to get no jail time but he been lockup since August 7,2016 & got all bond denied
Customer: replied 19 days ago.
what is the best to-do in this situation .my son has a court appointed lawyer but is it best to hire lawyer or keep court appointed lawyer.she has minor face fractures which are healed so she against testifying against defendant.
Customer: replied 19 days ago.
r u still here
Expert:  Zoey, JD replied 19 days ago.

The assault and battery are lesser included offenses. That is, if a jury decides that he didn't intend to maim or kill her when he wounded her, they could still find him guilty of assault. Depending on the seriousness of the injuries that could be a misdemeanor or a felony. The destruction of property is a misdemeanor.

The charge that is the most worrisome is the malicious wounding. If your son is still a juvenile, they are looking to try him as an adult in adult court.

The case does not belong to the complainant. It belongs to the state. Even if the complainant doesn't want to prosecute, the prosecutor can go forward anyway and compel her to testify or to face jail time for contempt.

Expert:  Zoey, JD replied 19 days ago.

public defenders are fully-credentialed, experienced criminal defense lawyers. Like the lawyers in private law firms, some public defenders are excellent, some poor and most average. If your son likes his lawyer and is confident in him or her, he likely has one of the good ones. If your son doesn't, then a private lawyer would be a better choice.

Customer: replied 19 days ago.
his age is 22.his lawyer seem to think that commonwealth is blowing this too far cause the injuries are not noticeable or a ongoing problem.the victim told court she slipped on blanket & hit her face on floor n tote verses when defendant got pick up she stated to police my son hit her numerous time n out a shoe on his hand & hit her.but under oath in court she stated she slip on blanket & cut her face on a tote when she fell on floor & that when she notice blood on her face.
Customer: replied 19 days ago.
commonwealth have picture of victim fracture on face.her face is fine now & she not having any problems & didn't have no surgery at all n it has healed on it own & I think she has a lol stitches place right near her eyebrow on one side of face that done heal too
Expert:  Zoey, JD replied 19 days ago.

Thanks for the clarification. You mentioned juvenile court, which doesn't apply.

Prosecutors always tend to overcharge criminal cases. It may be that the facts are more in your son's favor than the prosecutor thinks. But given the serious nature of the charges, the prosecutor isn't likely to offer an attractive plea possibility, and this case will have to go to trial.

The fact that the face has healed doesn't mean he can't be found guilty of malicious wounding if he is found to have committed those injuries with the intent to maim, kill, disable or disfigure her. In other words, his state of mind and what he intended to do, whether successful or not, is part of what makes up the crime.

Customer: replied 19 days ago.
he has been lock up since Aug 7,2016.the victim done told court during bond hearing & prelimentary hearing that she slipped up on blanket n fell against wall & hit her face on a tote that was already broken & cracked & that when she saw blood coming from her cut that was near her eyebrow.how will her testimony help the defendant since commonwealth or no one but them 2 & baby was there
Customer: replied 19 days ago.
preminary hearing at juvenile court was NOV 1,2016 & that when judge stated to take over to circuit court & on Nov 7 they had grand jury & decided to have bench trial JAN 17, 2017 so I'm wondering if they dropped the assault & battery 3rd offense & destruction of property in juvenille court why is it they done brought it back up to circuit court.they would of has just tried the malicious wounding & child neglect & abduction to circuit court.I'm wondering what can happen now that they done ,fought these charges back on him to circuit court.of the victim says the same thing she done repeated in juvenile preliminary hearing & at bond hearing how likely will that help my son not serve over 2years or could he get out on 2-3 years of probation & fined instead of jail time
Customer: replied 19 days ago.
I'm waiting 4 response
Customer: replied 19 days ago.
what really can count against my son what the police officer stated the victim said happen when the first arrested him or what the victims says sweating under oath.
Customer: replied 19 days ago.
Zoey r u still there
Customer: replied 19 days ago.
I want a refund