Aggravated Malicious Wounding

Aggravated Malicious Wounding in Virginia (Va. Code §18.2-51.2) is the malicious shooting, stabbing, cutting, or wounding of another person with the intent to maim, disfigure, disable or kill resulting in severe injury and permanent and significant physical impairment.

Difference Between Malicious Wounding and Aggravated Malicious Wounding in Virginia

Both Malicious Wounding and Aggravated Malicious Wounding in Virginia require an intentional and unprovoked wounding of another person with intent to maim, disable, disfigure or kill.  However, the difference between Malicious Wounding under Va. Code §18.2-51 and Aggravated Malicious Wounding in Virginia under §18.2-51.2 is that Aggravated Malicious Wounding results in a severe injury and permanent and significant physical impairment.

For more information on the difference between Malicious Wounding and Aggravated Malicious Wounding in Virginia, click here,

Proof of Aggravated Malicious Wounding in Virginia

To convict an offender of Aggravated Malicious Wounding in Virginia under Va. Code §18.2-51.2, the Commonwealth must prove that the offender:

• maliciously (intentionally and without provocation)
• shot, stabbed, cut or  wounded (broke the skin by using a weapon)
• another person
• with intent to maim, disable, disfigure, or kill, and
• severe injury and permanent and significant physical impairment resulted

Aggravated Malicious Wounding of A Pregnant Woman

The Aggravated Malicious Wounding of a pregnant women (Va. Code §18.2-51.2(B)) is a specific form of Aggravated Malicious Wounding in Virginia.  An offender can be convicted of this offense by maliciously wounding a pregnant woman with intent to maim, disfigure, disable, kill, or cause involuntary termination of pregnancy, and the victim is severely injured and suffers permanent and significant physical impairment.  Involuntary termination of pregnancy is considered to be a severe injury and a permanent and physical impairment.   The offender can even be convicted under this statute if he intends to cause termination of the pregnancy but the pregnancy is not in fact involuntary terminated and the victim is severely injured in a different way.

For more information on Aggravated Malicious Wounding of a pregnant woman in Virginia, click here.

Penalty for Aggravated Malicious Wounding in Virginia

Aggravated malicious wounding in Virginia is a Class 2 felony, punished with 20 years up to life in prison and a fine up to $100,000.

Virginia Aggravated Malicious Wounding Statute

§18.2-51.2. Aggravated malicious wounding; penalty.

A. If any person maliciously shoots, stabs, cuts or wounds any other person, or by any means causes bodily injury, with the intent to maim, disfigure, disable or kill, 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.

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.