Difference Between Malicious Wounding and Malicious Bodily Injury in Virginia
August 4, 2017 by Jean Humbrecht
Malicious Wounding and Malicious Bodily Injury in Virginia are very serious offenses. They are both charged under the same statute, both require injury to a victim, and both have the same range of penalties. However, the proof required for each offense is different. This post discusses the difference between Malicious Wounding and Malicious Bodily Injury in Virginia.
For more information on Malicious Wounding in Virginia, click here.
For more information on Malicious Bodily Injury in Virginia, click here.
The Means of Inflicting Injury is One Difference Malicious Wounding and Malicious Bodily Injury in Virginia
Malicious Wounding
Malicious Wounding in Virginia is the intentional, unprovoked wounding (breaking of the skin by a weapon) of another person by cutting, shooting, stabbing, or other means with intent to maim, disable, disfigure, or kill. A wounding is a breaking of the skin by a weapon.
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. Bodily injury is interpreted broadly and includes soft tissue injuries requiring medical attention and having some residual effect.
Difference Between Malicious Wounding and Malicious Bodily Injury in Virginia
Both Malicious Wounding and Malicious Bodily Injury in Virginia require proof of malice and proof of intent. Malice means intentional and without provocation. The intent required for both charges is intent to maim, disable, disfigure or kill. Additionally, both Malicious Wounding and Malicious Bodily Injury in Virginia are Class 3 felonies, punished with 5-20 years in prison and a fine up to $100,000.
Difference Between Malicious Wounding and Malicious Bodily Injury in Virginia: Weapon
One difference between Malicious Wounding and Malicious Bodily Injury in Virginia is the means by which the injury was inflicted. Wounding must be caused by a weapon, and the skin must be broken by use of that weapon. A body part used as a weapon (kicking, punching, etc.) is insufficient to cause a wounding for purposes of Malicious Wounding, but can be the means of causing bodily injury for a Malicious Bodily Injury prosecution. Additionally, the means used to cause a Malicious 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.
Difference Between Malicious Wounding and Malicious Bodily Injury in Virginia: Injury
Another difference between Malicious Wounding and Malicious Bodily Injury in Virginia is the injury caused. Wounding is the breaking of the skin by a weapon, and bodily injury is any injury requiring medical attention having residual effects. Bodily Injury does not require any bleeding or breaking of the skin by a weapon.
Virginia Malicious Wounding and Malicious Bodily Injury Statute
§18.2-51. Shooting, stabbing, etc., with intent to maim, kill, etc.
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