Difference Between Malicious Wounding and Unlawful Wounding in Virginia

Malicious Wounding and Unlawful Wounding in Virginia are serious offenses.  They are both charged under the same statute, both require a wounding to a victim, and both require the intent to cause permanent harm.  However, there are some important differences between these two crimes.  This post discusses the difference between Malicious Wounding and Unlawful Wounding in Virginia.

For more information on Malicious Wounding in Virginia, click here.

For more information on Unlawful Wounding in Virginia, click here.

Malicious Wounding

Malicious Wounding in Virginia is the intentional, unprovoked wounding of another person by cutting, shooting, stabbing, or other means with intent to maim, disable, disfigure, or kill.

Unlawful Wounding

Unlawful Wounding in Virginia is the intentional but provoked wounding of another person by cutting, shooting, stabbing, or other means with intent to maim, disable, disfigure, or kill.

Difference Between Malicious Wounding and Unlawful Wounding in Virginia

Both Malicious Wounding and Unlawful Wounding in Virginia require proof of a wounding and proof of intent.  A wounding is a breaking of the skin by a weapon, and the intent required for both charges is intent to maim, disable, disfigure or kill.

Difference Between Malicious Wounding and Unlawful Wounding in Virginia: Provocation

One difference between Malicious Wounding and Unlawful Wounding in Virginia is whether the offender was provoked.  Malicious means intentional and without provocation.  Unlawful means intentionally committing a wrongful act without justification or excuse.  In other words, an unlawful act is an intentional but provoked act.

Difference Between Malicious Wounding and Unlawful Wounding in Virginia: Penalty

Another difference between Malicious Wounding and Unlawful Wounding in Virginia is the penalty.  Malicious Wounding in Virginia is a Class 3 felony and is punished with 5-20 years in prison and a fine up to $100,000.  Unlawful Wounding in Virginia is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2,500.

Virginia Malicious Wounding and Unlawful Wounding Statute

§18.2-51. Shooting, stabbing, etc., with intent to maim, kill, etc.

If any person 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, he shall, except where it is otherwise provided, be guilty of a Class 3 felony. If such act be done unlawfully but not maliciously, with the intent aforesaid, the offender shall be guilty of a Class 6 felony.

 
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