Aggravated Malicious Wounding Charge in Virginia
August 27, 2017 by Jean Humbrecht
Aggravated Malicious Wounding in Virginia is committed when an offender maliciously shoots, stabs, cuts or wounds another person with the intent to maim, disable, disfigure or kill and causes severe injury and permanent and significant physical impairment. An Aggravated Malicious Wounding charge in Virginia (Va. Code §18.2-51.2) is a very serious offense and is punished with up to life in prison.
Proof of Aggravated Malicious Wounding Charge in Virginia
An Aggravated Malicious Wounding Charge in Virginia is Punished with up to Life in Prison
To convict an offender of an Aggravated Malicious Wounding charge in Virginia under Va. Code §18.2-51.2, the Commonwealth must prove that the offender:
- maliciously
- shot, stabbed, cut, or wounded
- another person
- with the intent to maim, disable, disfigure, or kill, and
- caused severe injury and permanent and significant physical impairment
Maliciously means intentionally and without provocation.
Shot, Stabbed, Cut, Wounded: Wounding is a breaking of the skin by a weapon. Wounding can be caused by shooting, stabbing, cutting, or other means.
Another Person: An offender can be convicted of an Aggravated Malicious Wounding charge in Virginia if any person is injured as a result of his actions, as long as the offender intended to maim, disable, disfigure or kill a person.
Intent to Maim, Disable, Disfigure, Kill: The offender must intend to produce a permanent condition by either maiming, disabling, disfiguring or killing in order to be convicted of Aggravated Malicious Wounding under Va. Code §18.2-51.2.
Caused Severe Injury and Permanent and Significant Physical Impairment: To convict an offender of an Aggravated Malicious Wounding charge in Virginia, the offender must have actually caused a severe injury and permanent and significant physical impairment.
Penalty for Aggravated Malicious Wounding Charge in Virginia
An Aggravated Malicious Wounding charge in Virginia is a Class 2 felony. It is punished with a minimum of 20 years up to LIFE in prison and a fine up to $100,000.
Difference Between Aggravated Malicious Wounding Charge in Virginia and Attempted Murder
An Aggravated Malicious Wounding charge in Virginia is very similar to attempted murder. The same act (cutting, stabbing, shooting, wounding) can be the basis for either an Aggravated Malicious Wounding charge in Virginia or an attempted murder charge. The difference between the two charges is the injury suffered and the penalty.
To be convicted of Aggravated Malicious Wounding in Virginia, the offender must actually cause a severe injury and permanent and significant physical impairment, whereas an offender can be convicted of attempted murder without having actually caused any injury, as long as he acted with intent to kill.
Aggravated Malicious Wounding is punished with 20 years up to life in prison, and attempted murder is punished with up to 10 years in prison.
For more information on the difference between Aggravated Malicious Wounding and attempted murder in Virginia, click here.
Aggravated Malicious Wounding Charge 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.