What classifies Assault/Battery and/or Malicious Wounding

What classifies Assault/Battery and/or Malicious Wounding?
My boyfriend was attacked from behind and beaten repeatedly in the face and head. His nose was broken, he had facial lacerations, his teeth went through his upper lip and he had bruises all over his face. He was taken away in an ambulance. He pressed charges on the individual who also had pushed a female down a flight of stairs the same night sending her to the hospital with sprained ankle and bruising, she also pressed charges. What will he be charged with in Virginia? What should the victims press for?
Law & Ethics - 3 Answers
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1 :
The victims cannot press for anything but the State attorney will probably pursue aggravated Battery charges because of the injuries. A charge of aggravated battery is a serious felony offense that typically carries very significant penalties. Aggravated battery differs from simple battery both in the severity of the injuries to the individual as well as the presence of some type of enhancing or aggravating factor. These factors can include battery involving a child or an elderly person, battery of a peace officer, the battery occurred in a school zone or a public transit vehicle or station or the battery involved the use of a weapon. In aggravated battery cases the weapon can be real or implied, which means that if the victim thought there was a weapon present even a simple battery can be bumped to aggravated battery. Aggravated Battery Penalties There is a fairly wide range of possible penalties with aggravated battery charges. These will often vary depending on the severity of the injuries to the individual as well as if it is first offense and if a weapon was used or implied in the attack. Often if the injuries to the individual are permanent and will result in disability or disfigurement the maximum penalties are ordered, even with a first offense. Possible Penalties * Jail time * Probation and electronic monitoring * Parole * Loss of the right to own or possess a firearm or weapon * Restitution to the victim * Fines and court costs
2 :
Unfortunately, assault in most states is considered to be a second degree misdemeanor which can result in a few months prison stay. The severity of the assault and the double conviction may make the punishment more severe. He will likely get probation as well. Here is an article on assault and charges: http://www.criminallawyerbocaraton.com/articles/understanding-assault/
3 :
Your boyfriend could give probable cause to a magistrate and press charges for misdemeanor Assault and Battery. In Virginia, it's a class 1 misdemeanor and carries a max of 12 months in jail. However, an incident such as what you mentioned, I'm sure the police were involved, especially if paramedics arrived. The police can obtain warrants for either misdemeanor Assault or felony Malicious Wounding, depending on their findings in the investigation. Malicious Wounding implies the the victim received permanent effects from the attack. This carries a max penalty of 20 years or even life if the victim received serious permanent physical injury. It's common for police to charge someone with Malicious Wounding in these types of cases, and the judge has the option to reduce it to misdemeanor Assault if they feel that's appropriate. In all, leave it to the police.