Aggravated Domestic Assault in Virginia
According to Virginia Law, there are different categories of an assault. In Virginia, there is assault and battery and then there is also severe felony crimes such as hateful wounding or aggravated malicious wounding. In section 18.2-57.2, which is an assault on a household and the definition of assault is very broad in that section.
In Virginia there are mainly three kinds of assault and battery cases:
- Aggravated assault (unlawful attack which results in any injury)
- Simple assault (unlawful attacks but do not involve weapon or injury to body)
- Intimidation (causing someone to fear bodily harm by threatening)
If you are facing an aggravated domestic assault you need to consult a lawyer immediately. The SRIS Law Group can assist you in your case of aggravated domestic assault and can help you throughout the case. Our attorneys have experience in domestic violence cases and they know the complexity of your case. Aggravated malicious hurting is a violation of 18.2-51.2 in which there are certain penalties for the offender.
Penalties of aggravated malicious wounding
The penalties for an aggravated malicious wounding includes:
- If any individual cruelly shoots, stabs, scratches or injure any other person by means of bodily injury with an intention to mutilate, incapacitate or kill shall be remorseful of Class 2 offense, if the victim is harshly wounded and is instigated to suffer enduring or substantial physical damage.
- If any individual maliciously shoots, cuts or wounds any other women who is pregnant with an intention to harm , incapacitate or kill the pregnant women or to cause unintentional finish of her pregnancy, shall be guilty of Class 2 felony if the victim is brutally injured and is instigated to suffer enduring and major physical harm.
- For this section, the unintentional termination of a women’s pregnancy shall be believed as a severe injury and enduring and substantial physical harm.
Aggravated assault status as Class 2 felony, the charge can cause a person with 20 years of life in prison with 5 year minimum sentence and up to $100,000 fine. It is by far the most serious charge in group of malicious wounding. But not all aggravated domestic assaults are measured as malicious wounding. For instance if a weapon is showed during an attack it is considered as an aggravated assault but not hateful wounding.
For securing a sentence for aggravated malicious wounding in Virginia, the government needs to prove that:
- The defendant shot, stabbed, wounded or caused any bodily harm to other individual.
- The defendant intended to harm, disable or kill the other person
- The act was done maliciously
- The other individual was severely injured with permanent physical harm as a result.
If you are facing a situation of aggravated domestic assault, it is time to hire an experienced attorney with SRIS Law Group. Contact us to book your consultation and get a response within 8 hours.
If you wish to consult an SRIS Law Group, P.C. attorney
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