Malicious Bodily Injury in Virginia
June 26, 2017 by Jean Humbrecht
Malicious Bodily Injury in Virginia (Va. Code §18.2-51) is the intentional and unprovoked causing of bodily injury by any means to another person with intent to maim, disable, disfigure or kill.
Proof of Malicious Bodily Injury in Virginia
Malicious Bodily Injury in Virginia is Punished with up to 20 Years in Prison
To convict an offender of Malicious Bodily Injury in Virginia, the Commonwealth must prove that an offender:
- maliciously
- caused bodily injury
- by any means
- to another person
- with the intent to maim, disable, disfigure or kill
Maliciously: Maliciously means intentionally and without provocation.
Bodily Injury: Bodily injury is interpreted broadly and includes soft tissue injuries requiring medical attention and having some residual effect.
Any Means: The means used to cause a bodily injury are very broad. They can include biting, punching, or using other body parts to inflict an injury, using caustic substances, and even using a dog controlled by the offender. Bodily injury does not require any bleeding or breaking of the skin by a weapon.
Maim, Disable, Disfigure, or Kill: The Commonwealth must prove that the offender acted with the intent to maim, disable, disfigure or kill to convict him of Malicious Bodily Injury in Virginia under Va. Code §18.2-51.
Penalty for Malicious Bodily Injury in Virginia
Malicious Bodily Injury in Virginia is a Class 3 felony. It is punished with 5-20 years in prison and a fine up to $100,000.
Malicious Bodily Injury in Virginia Statute
§18.2-51. Shooting, stabbing, etc., with intent to maim, kill, etc.