Difference Between Aggravated Malicious Wounding and Attempted Murder in Virginia

Aggravated Malicious Wounding in Virginia (Va. Code §18.2-51.2) and Attempted Murder are both serious felonies.  In fact, the same criminal act can be the basis for either an Aggravated Malicious Wounding charge or an Attempted Murder charge.  This post discusses the difference between Aggravated Malicious Wounding and Attempted Murder in Virginia.

Aggravated Malicious Wounding
difference between aggravated malicious wounding and attempted murder in Virginia

The Same Criminal Act Can be Charged As Aggravated Malicious Wounding or Attempted Murder

Aggravated Malicious Wounding in Virginia is the intentional and unprovoked wounding of another person by cutting, shooting, stabbing, or other means with intent to maim, disable, disfigure or kill, resulting in severe injury and permanent and significant physical impairment.

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

Attempted Murder in Virginia

Attempted Murder is basically a failed attempt to kill.  To convict an offender of Attempted Murder in Virginia, the Commonwealth must prove that the offender intended to kill another person and took a substantial step towards committing a murder, but failed to kill the other person.

For more information on Attempted Murder in Virginia, click here.

Difference Between Aggravated Malicious Wounding and Attempted Murder in Virginia: Intent

One difference between Aggravated Malicious Wounding and Attempted Murder in Virginia is the offender’s intent.  To convict an offender of Aggravated Malicious Wounding in Virginia, the Commonwealth must prove the offender had an intent to maim, disable, disfigure, or kill.  To convict an offender of Attempted Murder in Virginia, the Commonwealth must prove the offender had an intent to kill.

Difference Between Aggravated Malicious Wounding and Attempted Murder in Virginia: Injury

Another difference between Aggravated Malicious Wounding and Attempted Murder in Virginia is whether a permanent injury resulted from the offender’s actions.  To convict an offender of Aggravated Malicious Wounding in Virginia, the Commonwealth must prove not only a wounding by cutting, shooting, stabbing or other means with intent to maim, disfigure, disable or kill, but also that the offender caused a severe injury and permanent and significant physical impairment (in other words, a permanent condition).

However, to convict an offender of Attempted Murder in Virginia, the Commonwealth only needs to prove that the offender intended to kill.  The offender does not need to inflict any wounding or injury at all to be convicted of Attempted Murder in Virginia.

Difference Between Aggravated Malicious Wounding and Attempted Murder in Virginia: Penalty

Another difference between Aggravated Malicious Wounding and Attempted Murder in Virginia is the penalty.  Aggravated Malicious Wounding is punished with a MINIMUM of 20 years up to LIFE in prison and a fine up to $100,000, whereas Attempted Murder is punished with up to 10 years in prison.

 

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