Difference Between Malicious Wounding and Aggravated Malicious Wounding in Virginia

Malicious Wounding in Virginia (Va. Code §18.2-51) and Aggravated Malicious Wounding in Virginia (Va. Code §18.2-51.2) are both serious felonies.  This post discusses the difference between Malicious Wounding and Aggravated Malicious Wounding in Virginia.

One Difference Between Malicious Wounding and Aggravated Malicious Wounding in Virginia is the Severity of Injury

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

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

Malicious Wounding

To convict an offender of Malicious Wounding in Virginia, the Commonwealth must prove that he intentionally and without provocation wounded another person by cutting, shooting, stabbing or other means with intent to maim, disable, disfigure, or kill.

Aggravated Malicious Wounding

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.

Difference Between Malicious Wounding and Aggravated Malicious Wounding in Virginia: Permanent Injury

One difference between Malicious Wounding and Aggravated Malicious Wounding in Virginia is whether a permanent injury resulted from the offender’s actions.  To convict an offender of Malicious Wounding in Virginia, the Commonwealth must prove that he maliciously wounded another person by cutting, shooting, stabbing or other means with intent to maim, disable, disfigure, or kill.  A permanent condition does not need to actually result in order to be convicted of Malicious Wounding in Virginia.

However, 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).

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

Another difference between Malicious Wounding and Aggravated Malicious Wounding in Virginia is the penalty.  Malicious Wounding is punished with 5-20 years in prison and a fine up to $100,000, whereas Aggravated Malicious Wounding is punished with a MINIMUM of 20 years up to LIFE in prison and a fine up to $100,000.

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