Legal Question in Criminal Law in Virginia

was charged with aggravated malicious now 2nd degree murder

theres a case were a guy who was highly intoxicated came into a place where he wasnt suppose to.when the ppl who lived there asked him to leave he got aggressive and started expressing himself very verbally that carried on for a min or two from the house to the stairs then one of the girls kicked him and he rolled backwards hittin his head many of times his friend who was at the bottom tried to get him to walk away and he ignored and came back up the stairs thats when the only male stepped infront of the females at the top of the stairs and told the guy he need to leave a couple times, before something bad happened and he just got into his face cursing and continuing his aggression so the male who wasnt sure if he was about to be attacked or not acted and grabbed his shit with one hand and hit him twice pushing him away from him.so he wasnt able to swing back the guy stumbled down the stairs on his feet and tried to catch himself on the railing when he did this he accidentally pulled him self over and fliping over backwards falling about 6ft and landing on his front side. the one male was pulled inside by one of the girls at this moment and the cops arrived shortly after.the kid ended up dieing with trauma to back of his head.more


Asked on 12/12/08, 2:51 pm

2 Answers from Attorneys
James Bullard James A. Bullard, Jr., P.C.

Re: was charged with aggravated malicious now 2nd degree murder

The end of your question was cut off, but depending on all of the facts surrounding your case there is a possible claim of self-defense or defense of others. If facts of the case don't support an acquittal, it might be possible to get the charge reduced to manslaughter which is a difference of 5yr to 40 yr (2nd degree murder) vs 1yr to 10yr for manslaughter.

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Answered on 12/12/08, 3:07 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: was charged with aggravated malicious now 2nd degree murder

This situation REALLY requires a good criminal defense attorney for at least 2 reasons in particular: (1) the situation is so complicated, with wrongs going back and forth in both directions, and (2) the seriousness of the charges.

This is a very, very serious situation and if the person charged can afford an attorney, rather than a public defender, they should immediately start talking to someone. In terms of the cost, as consultant Norm Bradford says "You have heard to save for a rainy day. Well, now it is raining...." This is the time to do whatever it takes to come up with the money for a good defense.

In general, one is responsible for the consequences even if they are worse than expected.

The girl who kicked the intoxicated intruder could also be charged with assault or worse, particularly if the intruder was already outside and the cops had been charged. She also may have a defense of "self defense" but that can be unpredictable as to whether it is accepted or not. She may not have expected him to hit his head, but would be responsible for all the consequences that resulted.

The fact that the guy had come BACK after being kicked could POSSIBLY help with the defense of "self defense" for the guy. It could be argued that whether it was right or wrong for the girl to kick him, the guy KNEW that the intruder was really mad and really determined at that point, coming BACK even after rolling down the stairs, and so he sincerely was afraid of what might happen.

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Answered on 12/13/08, 9:52 am


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