Malicious & Unlawful Wounding The Right Attorney Makes All The Difference

Virginia Beach Malicious & Unlawful Wounding Defense Attorneys

Offering Strong Legal Defense to Clients in Virginia Beach

Malicious and/or unlawful wounding is when one person harms another with such severity that the skin is broken or internal organs are damaged. Additionally, the intention behind this action must be to purposely maim, disfigure, or disable the other person.

If you are accused of malicious or unlawful wounding, it's important that you contact our Virginia Beach attorneys today. Our firm is dedicated to providing our criminal defense clients with aggressive and strong advocacy. We will closely work with you to create a firm defense strategy.

For your case evaluation, call our firm at (757) 517-2942 today!

Unlawful Wounding

Unlawful wounding occurs when a person causes injury to another without intending to kill the other. For example, if two parties get into a physical altercation and one cuts the other on the arm deep enough to bleed, this could be considered an unlawful wounding.

Furthermore, the plaintiff must prove, beyond a reasonable doubt, that:

  1. their skin was broken as the result of the accused actions;
  2. the accused used a weapon to break the plaintiff's skin; and/or
  3. they suffered internal injuries as a result of the action.

This crime can either be classified as a misdemeanor or felony, depending on the severity of the injury.

Punishments include:

  • up to 1 year in jail for a misdemeanor;
  • 1 to 5 years in prison for a felony; or
  • a fine not exceeding $2,500

Malicious Wounding

Malicious wounding contains all the factors of unlawful wounding with the added motive of intentionally attempting to seriously injure or murder the other person. For example, if someone touched another person's car and the other person reacted by severely physically harming that person (broken skin or bones), that action could be considered a malicious wounding. If the action caused the victim to become permanently disabled or ended a pregnancy, it is considered aggravated malicious wounding.

The punishments for malicious wounding include:

  • 5 to 20 years in a prison;
  • if the crime is aggravated, 20 years to life in prison; and/or
  • a fine not exceeding $100,000.

Competent Criminal Defense Lawyers

    At The Law Offices of Daniel J. Miller, you can depend on us to aggressively defend your rights. We will do everything we can to seek the lightest sentence for your situation, in and out of the courtroom.

    Give our Virginia Beach law firm a call at (757) 517-2942 or contact us online

    Every Client Matters

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      “If you need a good lawyer in Virginia Beach this is the place to go. Every one was extremely helpful and knowledgeable. I highly recommend them to help you and your family!”

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    • The quality of work was also amazing and couldn't ask for anyone better.

      “Mr. Miller's law office was amazing with responding and keeping in touch. The quality of work was also amazing and couldn't ask for anyone better.”

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      “I have had to use The Law Offices of Daniel J Miller a few times for custody battles in the past and recently. They will continue to be the most precise, honest, hardworking, and knowledgeable lawyers ...”

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    Case Results

    A Track Record of Success
    • Protective Order Domestic Violence

      Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.

    • Pre Litigation Defense – Rape Sex Crimes

      Our client was the respondent of a protective order wherein the petitioner alleged that she was raped. She sought a two-year protective order and was seeking to have detectives assist in securing warrants against him. We suspect that the admissions made on cross-examination by the alleged victim at the hearing will prevent the Commonwealth from bringing any charges.

    • Protective Order Family Law

      Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.

    • Driving Under the Influence 4th Offense– Bond Hearing DUI

      Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.

    • Violation of Protective Order – Appeal Domestic Violence

      Our client was under a protective order to have no hostile contact with his family. The Commonwealth alleged that based upon several text exchanges that he had threatened his teenage children. Without the assistance of counsel, he received 90 days of active incarceration in lower Court. On appeal we were able to reduce his confinement to 24 hours – time served.

    • Breaking and Entering with Intent to Commit Misdemeanor Felony Defense

      Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.

    • Third Offense Petty Larceny Felony Defense

      Our client was charged with felony third offense petty larceny, which carries a maximum sentence of five years in the Virginia State Penitentiary. We were successful in negotiating a reduction to a misdemeanor petty larceny charge with no active jail time.

    • Possession of Marijuana- Appeal Drug Crimes

      Our client plead not guilty to a second offense possession of marijuana charge. We successfully argued that the Commonwealth had failed to prove constructive possession. The case was dismissed.

    • Driving Under the Influence DUI

      Our client was charged with driving under the influence after officers answered a call for service in a church parking lot. Eyewitnesses were able to testify as to the time of operation and identify the driver. Officers testified that they smelled alcohol coming from our client, that he was unsteady on his feet, and that he had not done well on his field sobriety tests. Video evidence secured from the church and bodycam footage did not support the testimony. The DUI charge was reduced to reckless driving.

    • Domestic Violence Domestic Violence

      Our client was alleged to have assaulted the girlfriend of her child’s father during an exchange of the child at a police precinct. Phone video evidence and inconsistencies in the Prosecutor’s witness testimony led to a dismissal of the charge.

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