Malicious Wounding in Virginia

Aggravated Malicious Wounding

In order to secure a conviction for aggravated malicious wounding in Virginia, the government must prove that: (1) the defendant shot, stabbed, cut, wounded, or caused bodily injury to another person, (2) the defendant intended to maim, disfigure, disable or kill the other person at the time he committed the act, (3) the act was done with malice, and (4) the other person was severely injured with permanent and permanent physical impairment as a result of the act.

Malice is defined as that state of mind which results in the intentional doing of a wrongful act without legal excuse or justification, at a time when the actor’s mind is under the control of reason.  Malice may result from any unlawful or unjustifiable motive including anger, hatred or revenge.  Malice may be inferred from any deliberate, willful, and cruel act against another, however sudden.

The penalty for aggravated malicious wounding is 20 years to life and/or a fine of up to $100,000.  Viriginia Criminal Code § 18.2-51.2.

Malicious Wounding

There are three elements to the criminal offense of malicious wounding in Virginia. The government must first prove that the defendant shot, stabbed, cut, wounded, or caused bodily injury to another person.  Second, it must prove that the defendant intended to maim, disfigure, disable or kill the other person at the time he committed the act.  Finally, the government must prove that the act was done with malice.  The penalty for malicious wounding is 5 to 20 year imprisonment and/or a fine of up to $100,000.

Unlawful Wounding

The government must prove two elements to secure a conviction of a defendant for unlawful wounding: (1) the defendant shot, stabbed, cut, wounded, or caused bodily injury to another person, and (2) the defendant intended to maim, disfigure, disable or kill the other person at the time he committed the act.  The penalty for unlawful wounding is imprisonment for one to five years, confinement in jail for up to 12 months, and/or a maximum fine of $2,500.