Legal Question in Criminal Law in Virginia

my friend was the victim of a brutal attack and was taken to the hospital. He was hospitalized from December 2-31, 2009. While hospitalized he went into DDTs and was heavily medicated. He was restrained for several days and was completly out of it. On the 10th day he was moved from the NNICU to a ward. On the first day on the ward, while still under medication and sedated he was still restrained. A nurse attempted to put a mask on his face and he bit her. He has been charged with malicious wounding and is being held without bond. He has no recollection of his stay at the hospital or the incident. The preliminary hearing was waived at the advice of his lawyer.


Asked on 3/31/10, 11:51 pm

1 Answer from Attorneys
Michael Sprano The Sprano Law Firm, LLP

If the facts are really as you describe them, I cannot see any good reason to waive the preliminary hearing on a malicious wounding charge. The felonies of Malicious or Unlawful Wounding both require that the defendant form the specific intent to maim, disable, disfigure or kill. As you tell it, it sounds like your friend's only intent was not to have a mask put on his face. People have a right to refuse medical care, so he may even have a self-defense claim. Moreover, while in most circumstances voluntary intoxication is not a defense to a crime, involuntary intoxication can be a defense, so that is also a possibility which also needs to be explored.

Hope that helps.

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Answered on 4/06/10, 4:23 am


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