Difference Between Malicious Bodily Injury and Unlawful Bodily Injury in Virginia

Malicious Bodily Injury and Unlawful Bodily Injury are serious offenses in Virginia.  They are both charged under the same statute, both require an injury to a victim, and both require intent to maim, disable, disfigure or kill.  However, there are important differences between these two crimes.  This post discusses the difference between Malicious Bodily Injury and Unlawful Bodily Injury in Virginia.

For more information on Malicious Bodily Injury in Virginia, click here.

For more information on Unlawful Bodily Injury in Virginia, click here.

Malicious Bodily Injury

Malicious Bodily Injury in Virginia is the intentional and unprovoked causing of bodily injury by any means to another person with intent to maim, disable, disfigure or kill.

Unlawful Bodily Injury

Unlawful Bodily Injury in Virginia is the intentional and provoked causing of bodily injury by any means to another person with intent to maim, disable, disfigure or kill.

Difference Between Malicious Bodily Injury and Unlawful Bodily Injury in Virginia

Both Malicious Bodily Injury and Unlawful Bodily Injury in Virginia require proof of intent and proof of a bodily injury.  The intent required for both charges is intent to maim, disable, disfigure or kill.   Bodily injury is interpreted broadly and includes soft tissue injuries requiring medical attention and having some residual effect.  Additionally, the means used to cause a bodily injury are very broad and include use of fists and teeth (and other body parts), use of caustic substances, and even a dog controlled by the offender.  Bodily Injury does not require any bleeding or breaking of the skin by a weapon.

Difference Between Malicious Bodily Injury and Unlawful Bodily Injury in Virginia: Mental State

One difference between Malicious Bodily Injury and Unlawful Bodily Injury in Virginia is the mental state of the offender.  Malicious means intentional and without provocation.  Unlawful means intentionally committing a wrongful act without justification or excuse.  In other words, a malicious act is an intentional but unprovoked act, and an unlawful act is an intentional but provoked act.

Difference Between Malicious Bodily Injury and Unlawful Bodily Injury in Virginia: Penalty

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

Virginia Malicious Bodily Injury and Unlawful Bodily Injury 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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