My son is charged with this crime, but they have no gun, no fingerprints, all they have is a witness that claims they saw him with a gun, not even shooting, just with a gun in his hand and there were three people shooting. The victim was hit with a stray bullet that went through the back windshield of a car
Unfortunately, the words of a witness can be enough.
Your son is presumed innocent until proven guilty beyond a reasonable doubt. He needs an experienced criminal litigator to help exonerate you. Seek out an experienced criminal litigator for a free consultation.
If you cannot find a local lawyer on Avvo, a good place to start is by going to the website for the National Association of Criminal Defense Lawyers (NACDL.org) Hire the attorney you feel comfortable with and you can afford. There is no confidentiality online.
NACDL Local affiliates: (http://tinyurl.com/8akw2gd)
NACDL local members: (http://tinyurl.com/8ru8wtv)
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Malicious wounding in Virginia is accomplished when you "maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill." Virginia law allows a judge or jury to presume malice in the use of a deadly weapon (such as a gun). Another presumption allowed is that people intend the natural and probable consequences of their actions.
Apparently no one saw your son USE a gun, but merely possess it. You should seek out an experienced criminal defense attorney and discuss the specific facts of the case - IN PRIVATE. Do not post identifying information, important facts or secrets here or anywhere else in public.
One thing your attorney should be interested in educating you about is "acting in concert." If two or more people are doing something together, criminal liability can increase for all based on the actions of one. Another thing to discuss is "transferred intent." If I shoot at you, miss, and hit an innocent bystander (who I did not intend to shoot), I can still be punished for an intentional crime.
Your son is facing a very serious felony charge. He needs the help of a good lawyer sooner rather than later.