malicious wounding charge

[bessiejames917]

What is the name of your state (only U.S. law)? VA
My friend was charged with malicious wounding, after a bite on the finger of a Nurse during a hospital stay. He was hospitalized after a brutal attack that caused a head injury. During his visit he was very agitated, went into DDTs (alcoholic withdrawal) and was heavily sedated and medicated. The ward nurse was placing a mask over his face, because he was agitated and spitting at people, when the bite occurred. My friend was restrained, legs and wrists, and was just waking up from being sedated. He was just being transferred from the ICU to a ward. He does not, to this day have, any recollection of his hospital stay or of the incident. What are his chances of getting this case reduced or dismissed? He is currently being held on no bond in jail and a docket call (circuit court) is 4/19... Oh, the nurse returned to work after visiting the emergency room on the day of the bite.

 

[xylene]

What is the name of your state (only U.S. law)? VA
My friend was charged with malicious wounding after a bite on her finger. He was hospitalized after a brutal attack that caused a head injury. During his visit he was very agitated, went into DDTs and was heavily sedated and medicated. The nurse was placing a mask over his face when the bite occurred. My friend was restrained, legs and wrists, and was just waking up after being transferred from the ICU to a ward. He does not to this day have any recollection of his hospital stay or the incident. What are his chances of getting this case reduced or dismissed? He is currently being held on no bond in jail and a docket call (circuit court) is 4/19... Oh, the nurse returned to work after visiting the emergency room on the day of the bite.

That is confusing.

Confusion aside.

Your friend has a serious charge.

On 4/19 he pleads not guilty and he either lets his lawyer defend him or if he has no lawyer because he can't afford one he requests a public defender if he is indigent

 

[bessiejames917]

That is confusing.

what is confusing

 

[xylene]

what is confusing

Who is "her"?

When was he arrested?

What is this attack?

What are DDTs?

 

[bessiejames917]

That is confusing.

Confusion aside.

Your friend has a serious charge.

On 4/19 he pleads not guilty and he either lets his lawyer defend him or if he has no lawyer because he can't afford one he requests a public defender if he is indigent

thanks... i will let him know

 

[FlyingRon]

You start a sentence with "my friend" and then say "her finger" without introducing any other subjects. It sound like she bit herself. It appears from deciphering the rest of your post that the finger being bitten is the nurse's.

Malicious wounding in Virginia comes in several flavors but they are all felonies. As Xylene says, the person needs legal counsel.

If any person maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill, he shall, except where it is otherwise provided, be guilty of a Class 3 felony. If such act be done unlawfully but not maliciously, with the intent aforesaid, the offender shall be guilty of a Class 6 felony.​

 

[bessiejames917]

You start a sentence with "my friend" and then say "her finger" without introducing any other subjects. It sound like she bit herself. It appears from deciphering the rest of your post that the finger being bitten is the nurse's.

Malicious wounding in Virginia comes in several flavors but they are all felonies. As Xylene says, the person needs legal counsel.

If any person maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill, he shall, except where it is otherwise provided, be guilty of a Class 3 felony. If such act be done unlawfully but not maliciously, with the intent aforesaid, the offender shall be guilty of a Class 6 felony.​

Oh, I see my bad grammar.... It should read "My friend was charged with malicious wounding." Thanks for the advice....

 

[xylene]

I won't offer false hope or easy answers, but a lot will depend on criminal history if an easy reduction is to be had.

Also, the intent and threshold of maim disfurge etc... will be areas the defense can attack.

But these are not easy matters, it is avery serious charge for which a lawyer is a must.

 

[bessiejames917]

I won't offer false hope or easy answers, but a lot will depend on criminal history if an easy reduction is to be had.

Also, the intent and threshold of maim disfurge etc... will be areas the defense can attack.

But these are not easy matters, it is avery serious charge for which a lawyer is a must.

We do have a public defender, but things are not happening as we would like, i.e., he waived preliminary, my friend has been locked up for over a month now, he has not visited him in jail, etc.

 

[Antigone*]

We do have a public defender, but things are not happening as we would like, i.e., he waived preliminary, my friend has been locked up for over a month now, he has not visited him in jail, etc.

His attorney is not required to pay him any visits in jail.