Aggravated Malicious Wounding in Virginia is causing a permanent and significant physical impairment by wounding another person with the intent to maim, disable, disfigure or kill. Aggravated malicious wounding in Virginia is punished with up to life in prison. A charge of Aggravated Malicious Wounding of a pregnant woman in Virginia is a specific form of Aggravated Malicious Wounding.
For more information on Malicious Wounding in Virginia, click here.
For more information on Aggravated Malicious Wounding in Virginia, click here.
For more information on the difference between Malicious Wounding and Aggravated Malicious Wounding in Virginia, click here.
Proof of Aggravated Malicious Wounding of Pregnant Woman in Virginia
To convict an offender of Aggravated Malicious Wounding of a pregnant woman in Virginia under Va. Code §18.2-51.2, the Commonwealth must prove that the offender:
- shot, stabbed, cut, or wounded
- a pregnant woman
- with intent to maim, disable, disfigure, kill, or cause early termination of pregnancy
- and the victim is severely injured and caused to suffer significant physical impairment
Malice means the offender acted intentionally and without provocation. Malice can be inferred by the use of a deadly weapon.
Shot, Stabbed, Cut or Wounded: Wounding is breaking of the skin by a weapon, and can be caused by cutting, stabbing, shooting, or other means.
Pregnant Woman: The offender does not need to know the victim is pregnant to be convicted of Aggravated Malicious Wounding of a pregnant woman under Va. Code §18.2-51.2
Intent to Maim, Disable, Disfigure, Kill, Cause Early Termination of Pregnancy: The offender must intend to cause a permanent condition by maiming, disabling, disfiguring, killing, or causing early termination of pregnancy.
Severely Injured/Permanent and Significant Physical Impairment: Permanent and significant physical impairment can include not only the early termination of pregnancy, but also cosmetic disfigurement, scars, loss of motor skills in hands, and the loss of the use of limbs, among other things.
Penalty for Aggravated Malicious Wounding of A Pregnant Woman in Virginia
Aggravated Malicious Wounding of a pregnant woman in Virginia is a Class 2 felony. It is punished with 20 years up to life in prison and a fine up to $100,000.
Aggravated Malicious Wounding of A Pregnant Woman in Virginia: Statute
§18.2-51.2. Aggravated malicious wounding; penalty.
B. If any person maliciously shoots, stabs, cuts or wounds any other woman who is pregnant, or by any other means causes bodily injury, with the intent to maim, disfigure, disable or kill the pregnant woman or to cause the involuntary termination of her pregnancy, he shall be guilty of a Class 2 felony if the victim is thereby severely injured and is caused to suffer permanent and significant physical impairment.
C. For purposes of this section, the involuntary termination of a woman’s pregnancy shall be deemed a severe injury and a permanent and significant physical impairment.