Virginia Aggravated Malicious Wounding
May 4, 2018 by Jean Humbrecht
A Virginia Aggravated Malicious Wounding is committed when an offender maliciously shoots, stabs, cuts or wounds another person with the intent to maim, disable, disfigure or kill and causes severe injury and permanent and significant physical impairment. Aggravated Malicious Wounding in Virginia (Va. Code §18.2-51.2) is a very serious offense and is punished with a minimum of 20 years up to life in prison.
Proof of Virginia Aggravated Malicious Wounding
An offender can be convicted of a Virginia Aggravated Malicious Wounding charge under Va. Code §18.2-51.2 if the Commonwealth proves that he:
A Virginia Aggravated Malicious Wounding Can be Caused by Shooting
- maliciously
- shot, stabbed, cut, or wounded
- another person
- intending to maim, disable, disfigure, or kill, and
- caused severe injury and permanent and significant physical impairment
Maliciously means intentionally and without provocation. Malice can be inferred if the offender used a deadly weapon.
Shot, Stabbed, Cut, Wounded: Wounding is a breaking of the skin by a weapon and can be caused by shooting, stabbing, cutting, or other means.
Another Person: An offender can be convicted of a Virginia Aggravated Malicious Wounding charge if any person is injured as a result of his actions, even if the person injured was not the intended victim, as long as the offender acted with intent to maim, disable, disfigure or kill.
Intent to Maim, Disable, Disfigure, Kill: The offender must intend to produce a permanent condition by either maiming, disabling, disfiguring or killing in order to be convicted of Virginia Aggravated Malicious Wounding under Va. Code §18.2-51.2.
Caused Severe Injury and Permanent and Significant Physical Impairment: To convict an offender of an Virginia Aggravated Malicious Wounding, the offender must have actually caused a severe injury and permanent and significant physical impairment.
Penalty for Virginia Aggravated Malicious Wounding
A Virginia Aggravated Malicious Wounding charge is a Class 2 felony. It is punished with a minimum of 20 years up to life in prison and a fine up to $100,000.
Difference Between Virginia Aggravated Malicious Wounding and Attempted Murder
A Virginia Aggravated Malicious Wounding charge is similar to an attempted murder charge. The same act (cutting, stabbing, shooting, wounding) can be the basis for either charge, but the difference between the two charges is the injury suffered and the penalty.
To be convicted of a Virginia Aggravated Malicious Wounding, the offender must actually cause a severe injury and permanent and significant physical impairment. However, an offender can be convicted of attempted murder without having actually caused any injury as long as he acted with an intent to kill.
Aggravated Malicious Wounding is punished with 20 years up to life in prison, and attempted murder is punished with up to 10 years in prison.
Click here for more information on the difference between a Virginia Aggravated Malicious Wounding charge and attempted murder.
Virginia Aggravated Malicious Wounding Statute
§18.2-51.2. Aggravated malicious wounding; penalty.
B. If any person maliciously shoots, stabs, cuts or wounds any other woman who is pregnant, or by any other means causes bodily injury, with the intent to maim, disfigure, disable or kill the pregnant woman or to cause the involuntary termination of her pregnancy, he shall be guilty of a Class 2 felony if the victim is thereby severely injured and is caused to suffer permanent and significant physical impairment.
C. For purposes of this section, the involuntary termination of a woman’s pregnancy shall be deemed a severe injury and a permanent and significant physical impairment.