Malicious Wounding and Bodily Injury
Malicious wounding in Virginia (Va. Code §18.2-51) is maliciously wounding or injuring another person with the intent to maim, disfigure, disable or kill. To convict an offender of malicious wounding in Virginia under §18.2-51, the Commonwealth must prove that the offender maliciously or unlawfully shot, stabbed, cut, wounded, or caused bodily injury to another person with the intent to maim, disable, disfigure or kill.
Maliciously or Unlawfully: Maliciously means acting intentionally and without provocation. Unlawfully means intentionally committing a wrongful act without justification or excuse.
Shooting, Stabbing, Cutting, Wounding, Causing Bodily Injury: An offender commits malicious or unlawful wounding by either shooting, stabbing, cutting, wounding (breaking of the skin by any weapon), or causing bodily injury. Bodily injury includes soft tissue injuries requiring medical attention that have a residual effect. The bodily injury can be caused by “any means”, including weapons, fists, or even a dog.
With Intent to Maim, Disable, Disfigure, Kill: Va. Code §18.2-51 can be violated by either maliciously or unlawfully committing specified acts with the intent to cause a permanent condition by maiming, disabling, disfiguring or killing. A permanent condition (actual maiming, disabling, disfiguring, killing) does not need to be produced to be convicted of this offense.
Another Person: An offender can be convicted of malicious wounding in Virginia if any person is injured as a result of his actions, whether or not the person injured was the target, as long as the offender acted with intent to maim, disable, disfigure or kill.
Forms of Malicious or Unlawful Wounding Under §18.2-51
There are four ways that an offender can violate Va. Code §18.2-51. The statute punishes malicious wounding, maliciously causing bodily injury, unlawful wounding, and unlawfully causing bodily injury.
- Malicious Wounding is the intentional, unprovoked wounding of another with intent to maim, disable, disfigure or kill. To convict an offender of malicious wounding in Virginia, the Commonwealth must prove a wounding with an intent to produce a permanent condition.
- Maliciously Causing Bodily Injury is the intentional, unprovoked causing of bodily injury with intent to maim, disable, disfigure or kill, resulting in a permanent condition.
- Unlawful Wounding is the intentional, provoked wounding of another with intent to cause a permanent condition by maiming, disfiguring, disabling or killing.
- Unlawfully Causing Bodily Injury is the intentional, but provoked intent to cause a bodily injury by maiming, disabling, disfiguring or killing and cause a permanent condition. The Commonwealth must prove actual injury.
Malicious Wounding In Commission of a Felony
The unlawful shooting, stabbing, cutting or otherwise wounding a person while committing or attempting to commit a felony can be charged as a separate Class 6 felony under Va. Code §18.2-53. This offense is punished with up to 5 years in prison and a fine up to $2500 in addition to any other penalties received for the acts related to the underlying felony.
Aggravated Malicious Wounding in Virginia
Aggravated malicious wounding in Virginia under Va. Code §18.2-51.2 is malicious wounding or bodily injury that results in severe injury and permanent and significant physical impairment. The Commonwealth must prove that an offender maliciously shot, stabbed, cut or wounded, or caused bodily injury to a person; with intent to maim, disable, disfigure or kill; the victim was severely injured; and the victim suffered permanent and significant physical impairment. Aggravated malicious wounding is a Class 2 felony, punished with 20 years up to life in prison and a fine up to $100,000.
Attempted Malicious Wounding in Virginia
Attempted malicious or unlawful wounding is engaging in conduct indicating an intent to maim, disfigure, disable or kill and comes close to inflicting a wound or injury. If a person other than the intended victim is injured, the offender can be convicted of malicious wounding because intent can be found in recklessness.
Penalty for Malicious Wounding in Virginia
Malicious wounding or maliciously causing bodily is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000. Unlawful wounding or unlawful bodily injury is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2500.
Malicious Wounding in Virginia Statute
§18.2-51. Shooting, stabbing, etc., with intent to maim, kill, etc.
Other Malicious Wounding in Virginia Crimes
Malicious/Unlawful Wounding of Law Enforcement Officer
Va. Code §18.2-51.1 punishes the malicious or unlawful wounding of or causing bodily injury to a law enforcement officer, firefighter, search and rescue person, or emergency services personnel while performing his duties. The malicious wounding or causing bodily injury by any means with intent to maim, disfigure, disable or kill of a law enforcement officer, firefighter, This offense is punished with 5-30 years in prison (with two years being a mandatory minimum, active sentence) and a fine up to $100,000.
The unlawful wounding or causing bodily injury of a law enforcement officer, firefighter, search and rescue person or emergency services personnel is a Class 6 felony, punished with up to 5 years in prison (one year being a mandatory minimum) and a fine up to $2500.
Malicious Wounding of Pregnant Female
It is a Class 2 felony under Va. Code §18.2-51.2 to maliciously wound a pregnant female by acting with intent to maim, disfigure, dismember or kill, or cause the involuntary termination of pregnancy which results in severe injury and permanent and significant physical impairment. Involuntary termination of the pregnancy is considered a severe injury and a permanent and physical impairment under Va. Code §18.2-51.2.C, but termination of the pregnancy need not result to be convicted.
Malicious Wounding by Acid, Explosives, Fire
Va. Code §18.2-52 prohibits the malicious or unlawful wounding or causing bodily injury by a caustic substance, explosive, or fire. An offender acts maliciously if he acted intentionally or with extreme recklessness. Maliciously wounding or causing bodily injury by a caustic substance, explosive or fire is punished with 5-30 years in prison. Unlawful wounding or causing bodily injury by acid, explosive or fire is a Class 6 felony, punished with up to 5 years in prison.
Malicious or Unlawful Wounding by Tear Gas
It is a Class 3 felony to maliciously wound or cause bodily injury by releasing tear gas or a similar substance in a home, place of business, or place of public gathering under Va. Code §18.2-312. It is a Class 6 felony to unlawfully wound or cause bodily injury by releasing tear gas or a similar substance.
Malicious and Unlawful Wounding/Causing Bodily Injury by Biological Substances and Radiological Agents
- Va. Code §18.2-162 states that the intentional damage to a public utility facility which results in the release of radiation and injury to another person is a Class 3 felony.
- It is a Class 5 felony under Va. Code §18.2-52.1.A to possess an infectious biological substance or radiological agent intending to injure any person.
- Destroying or attempted to destroy a place or thing associated with an infectious biological substance or radiological agent with the intent to release the substance and cause injury is a Class 4 felony under §18.2-52.1.B.
- Manufacturing or dealing in an infectious biological substance or radiogical agent with the intent to cause injury is a Class 4 felony under Va. Code §18.2-52.1.B.
- Using a biological substance or radiological agent maliciously and intentionally to cause injury is punished under Va. Code §18.2-52.1.C with 5-30 years in prison.
Malicious Wounding in Virginia by Pesticides
It is a Class 1 misdemeanor to knowingly violate the Virginia Pesticide Control Act and Regulations. A violation that causes serious physical injury can be punished with a fine up to $500,000 under Va. Code §3.1-249.70(A)