Archive for the ‘Malicious Wounding’ Category

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Prince William County / Manassas Virginia: Felony Malicious Wounding charge (VA Code 18.2-51) was reduced to a Misdemeanor Assault and Battery charge (VA Code 18.2-57) with no sentence.

Read more about Assault and Battery Law here: VIRGINIA ASSAULT LAW | A criminal defense lawyer’s explanation of assault and battery & malicious wounding arrests and charges

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Article appearing in TheTruthAboutGuns.com on 11/16/11

Ask Foghorn Asks Marina Medvin: Self Defense and the Defense of Others?
Posted on November 16, 2011 by Nick Leghorn

KYgunner writes: I’ve done a lot of research into self defense situations and making sure that, God forbid, if I ever end up in a situation where SHTF, I have my legal bases covered and know that deadly force was justified (both for me and the court system). What I haven’t been able to find a clear answer to is whether or not deadly force can legally be used to protect someone else (outside of your own family) and what the criteria would have to be met in order for you not to land in jail for protecting someone and using force when you aren’t the main target of the attack. Any insight???

That’s a tricky question. So tricky that I reached out to Marina Medvin, an attorney (and fellow Penn State grad) here in Virginia, for an answer . . .
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City of Alexandria, Virginia: Felony Malicious Wounding (VA Code 18.2-51) due to a deep bite during a fight was REDUCED to a Misdemeanor Assault & Battery charge (VA Code 18.2-57). This was a third assault offense on the client’s record, yet client walked away with only two active weeks of jail time to be served on the weekends, and restitution for medical expenses.

Read more about Malicious Wounding and Assault and Battery Law here: VIRGINIA ASSAULT LAW | A criminal defense lawyer’s explanation of assault and battery & malicious wounding arrests and charges

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The author, Marina Medvin, is a passionate trial attorney who focuses her practice exclusively on criminal defense. She advocates for her clients in Federal and Virginia State courthouses on a daily basis. Ms. Medvin is presently accepting clients for criminal cases pending in Alexandria, Fairfax, Arlington, Falls Church, Prince William, and in the United States District Court for the Eastern District of Virginia in Alexandria.

SELF-DEFENSE
Life is the most basic right of them all. As such, all states have a law giving you the privilege to exercise reasonable force to protect your life. In many instances, the police and prosecutors will not charge someone defending his life in that way – but the facts and evidence have to be clearly lined up in favor of using any force against the assailant. This of course gets a bit complicated once a hero citizen gets charged with malicious wounding or murder when the evidence isn’t as clear.
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Prince William County / Manassas Virginia: Felony Malicious Wounding charge (VA Code 18.2-51) will be reduced to a Misdemeanor Assault & Battery charge (VA Code 18.2-57) with NO JAIL time, and just 50 hours of community service, and probation for 1 year.

Read more about Assault and Battery Law here: VIRGINIA ASSAULT LAW | A criminal defense lawyer’s explanation of assault and battery & malicious wounding arrests and charges

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The author, Marina Medvin, is a passionate trial attorney who focuses her practice exclusively on criminal defense. She advocates for her clients in Federal and Virginia State courthouses on a daily basis. Ms. Medvin is presently accepting clients for criminal cases pending in Alexandria, Fairfax, Arlington, Falls Church, Prince William, and in the United States District Court for the Eastern District of Virginia in Alexandria.

MISDEMEANOR ASSAULT AND BATTERY STATUTES / PENALTIES
The Assault and Battery / Simple Assault statute are explained in VA Code section 18.2-57. Assault committed with a group is charged under VA Code 18.2-42 as assault or battery by a mob. These types of assault are punished as a class 1 misdemeanor. The maximum jail time is one year, and the maximum fine is $2,500 – in addition to restitution for medical expenses of the victim.
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