Malicious or Unlawful Bodily Injury in Virginia 18.2-51.1

A charge of malicious or unlawful bodily injury in Virginia of a law enforcement officer, firefighter, search and rescue person or emergency services personnel with intent to maim, disfigure, disable or kill is charged under Va. Code §18.2-51.1.

Proof Of Malicious or Unlawful Bodily Injury in Virginia of Law Enforcement Officer, Firefighter, Search and Rescue or Emergency Services Person

To convict an offender of malicious or unlawful bodily injury in Virginia under Va. Code §18.2-51.1, the Commonwealth must prove that the offender:

• maliciously or unlawfully
• caused bodily injury
• by any means
• to a law enforcement officer, firefighter, search and rescue person, or emergency services person
• performing his public duties
• the offender knew or had reason to know the person was performing public duties
• with intent to maim, disfigure, disable, or kill.

Maliciously or Unlawfully: Maliciously means acting intentionally and without provocation.  Unlawfully means intentionally committing a wrongful act without justification or excuse.

Bodily Injury: Bodily Injury includes soft tissue injuries having a residual effect that require medical attention. Bodily injury can be caused by any means, including with weapons, the human body, or even dogs.

Any Means: Malicious or unlawful bodily injury in Virginia under Va. Code §18.2-51.1 can be caused by any means, including by any caustic substance, explosive or fire.

Law Enforcement Officer, Firefighter, Search and Rescue or Emergency Medical Services Person: Va. Code §18.2-51.1 applies to law enforcement officers, firefighters, search and rescue persons, or emergency medical services personnel.

• Law Enforcement Officer includes full time and part time employee of a police department or sheriffs office responsible for the prevention and detection of crime and enforcement of penal, traffic, and highway laws; full time and part time deputies; conservation officers; game wardens; and auxiliary police officers and auxiliary deputy sheriffs (Va. Code §18.2-51.1)
• Firefighter includes salaried and volunteer firefighter, forest wardens, rescue squad personnel and arson investigators (Va. Code §65.2-102)
• Search and Rescue Personnel is an employee or member of a search and rescue organization (Va. Code §18.2-51.1)
• Emergency Medical Services Personnel includes people employed by or who are members of an emergency medical services agency and who provide emergency medical services (Va. Code §32.1-111.1) as well as people who operate ambulances.

Performing Public Duties: The Commonwealth must prove that the offender knew or should have known that the person injured was a law enforcement officer, firefighter, search and rescue person or emergency services person performing his public duties to convict an offender of malicious or unlawful bodily injury in Virginia under Va. Code §18.2-51.1.

Intent: The intent required for conviction is intent to cause a permanent condition by maiming, disfiguring, disabling or killing.  A permanent condition does not need to result to be convicted of malicious or unlawful bodily injury under Va. Code §18.2-51.1.

Penalty for Malicious or Unlawful Bodily Injury in Virginia of Law Enforcement Officer, Firefighter, Search and Rescue Person,  or Emergency Services Person

Maliciously causing bodily injury of a law enforcement officer, firefighter, search and rescue or emergency services pereson is punished with a mandatory minimum of two years in prison up to 30 years, and a fine up to $100,000.  Unlawful causing bodily injury to a law enforcement officer is a Class 6 felony, punished with a mandatory minimum of one year in prison up to 5 years.