USAC Banner 728x90

Collapse

Announcement

Collapse
No announcement yet.

Attempt - Malicious Wounding

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Attempt - Malicious Wounding

    I was arrested recently in Virginia and the charge is Attempted Malicious Wounding. It is a class 5 felony. Long story short there was a trucker tailgating me and cussing me out. He was really not being very nice. At a stop light I made the mistake of getting out of my truck and grabbing a piece of steel out of the back to let the guy know that he was begging for trouble. (In hindsight it seems that it was I who was doing the begging) He reached out of his window and grabbed the piece of steel which then broke his window (second charge: Damage Property <$1000) We got into a scuffle in the road until the police broke it up and arrested me. I know I should have never got out of my vehicle. I am the one who ended up with serious injuries. Witness say I was definitely at fault and I understand that.

    I have a past record of violence (10 + years ago). I have read that for Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

    Can someone tell me if I am certainly to expect jail time? Please explain the, "not less than one year" part. Is that a mandatory minimum? Is some jail time unavoidable?

  • #2
    Re: Attempt - Malicious Wounding

    i wish to inform you that the provisions of § 18.2-10(e) will have jurisdiction in this matter. It deals with sentencing guidelines. Further, for a Class 5 Felony the judge and/or jury will sentence the defendant to a term in between one and 10 years and/or a maximum fine of $2,500 (in case of felony) and up to 12 months in jail and a fine of $2,500 (in case of misdemeanor). Further, the sentence is decided by judge and/or jury and is at their discretion.

    AFF

    Comment


    • #3
      Re: Attempt - Malicious Wounding

      Originally posted by mrfelon View Post
      I was arrested recently in Virginia and the charge is Attempted Malicious Wounding. It is a class 5 felony. Long story short there was a trucker tailgating me and cussing me out. He was really not being very nice. At a stop light I made the mistake of getting out of my truck and grabbing a piece of steel out of the back to let the guy know that he was begging for trouble. (In hindsight it seems that it was I who was doing the begging) He reached out of his window and grabbed the piece of steel which then broke his window (second charge: Damage Property <$1000) We got into a scuffle in the road until the police broke it up and arrested me. I know I should have never got out of my vehicle. I am the one who ended up with serious injuries. Witness say I was definitely at fault and I understand that.

      I have a past record of violence (10 + years ago). I have read that for Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

      Can someone tell me if I am certainly to expect jail time? Please explain the, "not less than one year" part. Is that a mandatory minimum? Is some jail time unavoidable?

      Only some tall talking and plea bargaining by the best criminal defense lawyer you can hire could spare you. You instigated the fight (don't minimize by calling it a 'scuffle'), with a weapon in your hand. And a past history of violence.

      The best judge of what time can be expected is a criminal defense lawyer from your town who knows the judges and prosecutor and can deal for you in the best light.

      Comment


      • #4
        Re: Attempt - Malicious Wounding

        This is not something you handle yourself. You need a lawyer fast. You are in deep crap.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          Re: Attempt - Malicious Wounding

          Originally posted by mrfelon View Post
          He reached out of his window and grabbed the piece of steel which then broke his window (second charge: Damage Property <$1000)
          If he was able to reach out the window and grab the piece of steel from you, that means you had come up to his window with it and you really deserve everything you're going to get.

          Truckers never tailgate because they are unable to slow down quickly enough to avoid an accident that would possibly cost their license and their job.

          Whatever happened, it's clear from your description that you had gotten out of your vehicle with a weapon to assault another motorist. That's horrifying to me and to any other rational person faced with a psychopath on the roadway and I hope they make an example of you.

          Comment


          • #6
            Re: Attempt - Malicious Wounding

            I disagree, some truckers will tailgate, usually because you are trying to use the left lane as a driving lane.

            Originally posted by A Little Bird View Post
            If he was able to reach out the window and grab the piece of steel from you, that means you had come up to his window with it and you really deserve everything you're going to get.

            Truckers never tailgate because they are unable to slow down quickly enough to avoid an accident that would possibly cost their license and their job.

            Whatever happened, it's clear from your description that you had gotten out of your vehicle with a weapon to assault another motorist. That's horrifying to me and to any other rational person faced with a psychopath on the roadway and I hope they make an example of you.
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

            Comment


            • #7
              Originally posted by Disagreeable View Post
              I disagree, some truckers will tailgate, usually because you are trying to use the left lane as a driving lane.
              It's me Mr. felon. I actually asked the question for somebody else that I know. I am not dumb enough to do something like this. Especially since I don't have the money to pay my way out of it. The outcome shows me that our justice system is a complete joke. The court date was not long ago. Because of the fact that my friend happens to know somebody that happens to know somebody that is important he got no jail time and only had to pay for the truckers window. Don't get me wrong, I'm certainly glad my friend did not have to go to jail. But if it had been me I would have been made an example of. I would've gotten all sorts of fines, jail time, lost my job etc. They would've basically destroyed my life because I don't know somebody who knows somebody who can pull strings for me. Again, it shows that our justice system is a complete joke.

              Comment


              • #8
                Re: Attempt - Malicious Wounding

                Application of law in the US has become a joke. Congressman and Senators that make waves are usually prosecuted after in depth investigation to determine what laws they may have broken. Inaction by the government against illegals in violation of Federal law and the use of the Federal gov't as a weapon against states that try to enforce laws against the invasion of illegals is rampant. Other states like CA, TX and NY openly welcome those that violate Federal laws and encourage their illegal employment. Even cases that make it through the system have become a situation where the verdict is made by a jury of 12 people who decide which side had the best lawyer.
                Due to a recent promotion, I should now be referred to as Major Obvious.

                I would not be trying to provide information and knowledge if I did not sympathize.

                Some days it is just not worth chewing through the restraints to face life.

                Comment

                Previously entered content was automatically saved. Restore or Discard.
                Auto-Saved
                Smile :) Stick Out Tongue :p Wink ;) Mad :mad: Big Grin :D Frown :( Embarrassment :o Confused :confused: Roll Eyes (Sarcastic) :rolleyes: Cool :cool: EEK! :eek:
                x

                the color of a pink dog is ... (write the answer twice with an "@" between the words)

                widgetinstance 213 (Related Topics) skipped due to lack of content & hide_module_if_empty option.
                Working...
                X