How authorities charge you for a crime can make a tremendous difference in the outcome of your case. Whenever possible, a Staunton, VA criminal defense attorney applies case strategies to help you avoid more serious charges.
A “wobbler” is a crime that can be charged as a misdemeanor or a felony. For example, take the Virginia law on assault and battery against a family or household member. First offense charges are a Class 1 misdemeanor. For a person convicted of two previous offenses of assault and battery against a family or household member, these factors also come into play when charging the suspect:
- Malicious wounding with intent to main, disfigure, disable or kill is a Class 3 felony, but if not done maliciously, the offense is a Class 6 felony
- Aggravated malicious wounding when the person shoots, stabs, cuts, wounds, or by any means causes bodily injury with the intent to maim, disable, disfigure or kill, and the victim suffers permanent or significant physical impairment is a Class 2 felony
- Aggravated malicious wounding of a pregnant woman that causes bodily injury with the intent to main, disfigure, disable or kill the woman or that causes involuntary termination of pregnancy is a Class 2 felony when permanent or significant physical impairment results (pregnancy termination is permanent and significant physical impairment)
At one extreme, authorities can charge you with a Class 1 misdemeanor, and at the other extreme, they can charge you with a Class 2 felony.
Staunton, VA criminal defense lawyers can devise strategies that show the assault lacked the intent, was in self-defense, or use other arguments to reduce charges.
The Alleman Law Group, PLC has defended numerous clients successfully in violent offense charges and works diligently to obtain reduced charges whenever possible.