Malicious wounding is a Class 3 felony under Va. Code Ann. § 18.2-51. It is considered a violent offense in Virginia and is prosecuted aggressively in every jurisdiction we serve. If you are charged with malicious wounding or another violent offense, you should consult one of the highly experienced criminal defense attorneys on our team to learn how to defend against these allegations
In order to be convicted of a Malicious Wounding charge, the prosecutor must first prove that the defendant maliciously caused a bodily injury. Then the prosecutor must also prove that the defendant intended to maim, disfigure, disable, or kill.
Unlawful Wounding versus Malicious Wounding
Malicious wounding requires that the injury was caused with malice. Courts will consider the totality of the evidence to before they decide whether the offense was committed with Malice. The Courts have held that Malice can is present in a case when the accused person injured the victim with a purposefully and deliberately without provocation. Typically, words alone are insufficient to prove a defendant was provoked. Another important aspect of this charge is that malice may lawfully be inferred from the use a dangerous weapon such as a knife or firearm.
Unlawful wounding is similar however it is injuring a person with the intent to maim, disfigure, disable, or kill but without malice or without a purposeful and deliberate mind. This offense would include instances where the Defendant acted “heat of passion” or where the victim provokes the Defendant in such a significant way that the they act on impulse.
Penalty: An Unlawful Wounding conviction is a Class 6 Felony, which is punishable by imprisonment for 1-5 years and a $2,500 fine.
Malicious Wounding versus Aggravated Malicious Wounding
The distinction that separates a malicious wounding from an aggravated malicious wounding is found in the severity of victim’s injuries. In fact, it is possible for a Defendant to be charged with aggravated malicious wounding, under the same basic elements required for a general malicious wounding charge, when the injuries are severe and caused permanent and significant physical impairment.
Aggravated malicious wounding conviction is a Class 2 felony, which is punishable by imprisonment for life or for any term not less than 20 years and/or a fine of not more than $100,000.
To learn more about malicious wounding and other violent crimes, call Invictus Law for a free consultation. Our Criminal Defense Lawyers are skilled advocates in serious violent offense charges and have a record of success achieving the best possible outcome. Our team will review your case and assist you in selecting the most favorable course of action for defending against these serious criminal charges.