Legal Question in Criminal Law in West Virginia

Clean Record, Jail Time?

About 1 year ago myself and a friend were arrested for malicious wounding. I'm 22, friend is 21, victim is 24. The victim started the altercation by pushing my friend. My friend punched the guy in the head, he fell against my blazer cutting his head open against the mirror. I got out of the car, watching the fight. The guy falls on me and I punched him twice and kicked him. My cousin hits him a few more times and then throws him to the ground. I know I'm guilty of assaulting the guy, but malicious wounding? That damage was done before I got out of the car. The cops tried to say we stomped the guy while he laid on the ground, and bashed his head into a wall. And even used a weapon or something. None of which are true. My record prior to this is clean. I'm 22 have been thru some college, and currently work for a local Internet Service Provider as the head technician / administrator. Malicious wounding is a felony charge with major jail time. What do you think my chances are of not serving any jail time? Or at least getting rid of the malicious wounding charges? Would it help in court if I have people testify in court that this guy is a trouble maker, fights often, etc....


Asked on 3/07/99, 11:38 pm

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: Clean Record, Jail Time?

I am not licensed in your state and I cannot give you specific legal advice. You will need to discuss this with your lawyer. He or she will know the law in your state, the prosecutor, and the judge's tendencies. I have no way of knowing any of these things. What you have mentioned is a fight where the "victim" was the instigator and then it became your friend, your cousin, and yourself against the victim. You would have a hard time claiming self defense. Talk to your lawyer about a plea to a misdemeanor. Good Luck!

Mark Sullivan

Mark R. Sullivan - Attorney at Law

1204 1st Ave. E, Ste. A


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Answered on 3/10/99, 12:34 pm


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