We need the best Habeas Corpus attorney in Richmond, VA!!

Asked over 2 years ago - Stafford, VA

A family member was convicted of a crime (Mal. wounding) when he was 19. It was during the time VA had the 3 strikes law. He was not set at liberty between the 2nd offense, yet they sent him to jail for life...(gang on gang violence). He never got to the 3rd strike, yet somehow the court got away with that.

At the time of trial, he attempted to escape and used a shank to hold off a cop. Cop grabbed knife and they fell to ground. Cop got cut and then stood up and shot my cousin in his chest. Court charged him with Attempted capital murder and malicious wounding. Isn't this double jeopardy? Their "reasoning" for this is while he attempted to murder the cop he maliciously wounded him. It's been 18 yrs. He has been in contact with cop and apologized. Need a good attorney.

Attorney answers (2)

  1. David Vyborny

    Contributor Level 9


    Best Answer
    chosen by asker

    Answered . Contact Dave Hargett

  2. Rixon Charles Rafter III

    Contributor Level 20


    Lawyer agrees


    Answered . It is most likely NOT double jeopardy since malicious wounding and attempted murder are made up of different elements --they are different crimes and it is not double jeopardy to charge and convict on both.

    That being said, there are many appeals attorneys in your area, you can use avvo.com to find one. In addition, many law schools offer free Legal assistance.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed in the Commonwealth of Virginia, addressing your issue does... more

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