Legal Question in Criminal Law in Virginia
malicious wounding
My husband was tackled and the guy had his hands around my husband's throat. The guy is like 6'3'' and about 300lbs and my husband is 5'9'' and 180lbs to give you a mental picture. My husband hit the guy 3 times, until he let go of his neck. The guy fell and busted his head and was knocked out. Being as he went to the hospital and there were 2 stories about what happened, my husband was charged with malicious wounding. Even the officer said he had to arrest the wrong guy. Being as my husband was assualted and faught back, am I wrong for saying it was self defense? The other guy is a big brawler and I have never seen him loose a fight until now. I think that has alot to do with it. It hurt his pride and my sister's to see him get taken down by my husband, who by the way he calls ''a little mother....you know the rest.''
1 Answer from Attorneys
Re: malicious wounding
Your version sounds like self defense, but I am not sure how there was a tackle and then he fell. That does not make sense. Good luck proving this in court.
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