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Malicious Wounding

What is Malicious Wounding?

Malicious wounding is basically a much more serious form of assault and battery. In many other states malicious wounding is called aggravated assault or felonious assault. 

You do not have to use a weapon to be charged and convicted of malicious wounding. You can be convicted of malicious wounding using only your hands or feet. The important factor for a malicious wounding charge is whether the prosecutor can prove that you acted maliciously, with the intent to maim disfigure disable or kill. The prosecutor must also prove that you injured the other person.

What kind of injury can result in a Malicious Wounding charge?

The definition of bodily injury is very broad. It can include a soft tissue injury. If the person requires some kind of medical attention, that is good evidence a bodily injury occurred. It's important to note that the injury does not have to be visible to the naked eye. 

What's the punishment for Malicious Wounding?

Malicious wounding is a Class 3 felony. Class 3 felonies are punishable by up to twenty years in prison. 

What are the defenses to Malicious Wounding?

The most common defense to a charge of malicious wounding is self-defense. To win a case based on self-defense, you have to show that you responded in a reasonable manner to a threat. To use deadly force in self defense, you have to reasonably fear deadly harm.

Can I get out on bond if I'm charged with Malicious Wounding?

If you're charged with malicious wounding, there is a presumption that you should not be released on bond. That means you will already be starting out at a significant disadvantage in trying to get bond. To overcome the presumption against bond you have to show that you're not a danger to the community and not a flight risk.

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