Difference Between Unlawful Wounding and Unlawful Bodily Injury in Virginia
September 12, 2017 by Jean Humbrecht
Unlawful Wounding 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 have the same penalty range. However, the proof required for each offense is different. This post discusses the difference between Unlawful Wounding and Unlawful Bodily Injury in Virginia.
For more information on Unlawful Wounding in Virginia, click here.
For more information on Unlawful Bodily Injury in Virginia, click here.
One Difference Between Unlawful Wounding and Unlawful Bodily Injury in Virginia is the Harm Inflicted
Unlawful Wounding
Unlawful Wounding in Virginia is the intentional, provoked wounding 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.
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. Bodily injury is interpreted broadly and includes soft tissue injuries requiring medical attention and having some residual effect.
Difference Between Unlawful Wounding and Unlawful Bodily Injury in Virginia
Both Unlawful Wounding and Unlawful Bodily Injury in Virginia require proof of unlawful conduct and proof of intent. Unlawful means intentionally committing a wrongful act without justification or excuse. In other words, an unlawful act is an intentional but provoked act. The intent required for both charges is intent to maim, disable, disfigure or kill. Additionally, both Unlawful Wounding and Unlawful Bodily Injury in Virginia are Class 6 felonies, punished with up to 5 years in prison and a fine up to $2,500.
Difference Between Unlawful Wounding and Unlawful Bodily Injury in Virginia: Weapon
One difference between Unlawful Wounding and Unlawful 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 Unlawful Wounding, but can be the means of causing bodily injury for an Unlawful Bodily Injury prosecution. Additionally, the means used to cause an Unlawful 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 Unlawful Wounding and Unlawful Bodily Injury in Virginia: Injury
Another difference between Unlawful Wounding and Unlawful Bodily Injury in Virginia is the harm 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 Unlawful Wounding and Unlawful Bodily Injury Statute
§18.2-51. Shooting, stabbing, etc., with intent to maim, kill, etc.
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