AceShowbiz - "The 40 Year Old Virgin" star Shelley Malil's lawyer has told a California court his client never intended to kill his tragic lover. The actor has testified he grabbed a knife during a scuffle with his ex-girlfriend Kendra Beebe's pal David Maldonado and in the darkness outside he thought he was being attacked from behind.

He lashed out at his assailant only to realize minutes later he had been stabbing his partner. Testifying last week, on September 9, Malil insisted he was acting in self-defense when he began slashing in the dark. On Wednesday, September 15, his lawyer told a jury the defendant had a passionate relationship with his ex, but he never meant to stab her.

Defense attorney Matthew Roberts said in his closing argument there was no doubt Malil went too far when he picked up a kitchen knife during the row, but he insisted there was no physical evidence to prove his client had planned to murder Beebe. He added, "Without the intent to kill, he's not guilty."

Malil faces 21 years to life in prison if convicted of premeditated attempted murder in the 2008 incident. Beebe was stabbed more than 20 times in the scuffle. Malil has also been charged with assault with a deadly weapon and residential burglary.