Virginia’s Malicious Wounding Law
Va. Code 18.2-51 on Malicious Wounding says:
If any person maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill, he shall, except where it is otherwise provided, be guilty of a Class 3 felony. If such act be done unlawfully but not maliciously, with the intent aforesaid, the offender shall be guilty of a Class 6 felony.
“Unlawful Wounding” a Class 6 Felony carries a possible sentence of up to 5 years in prison, and/or a $2,500 fine.
“Malicious Wounding” is a Class 3 Felony and carries a sentence of 5-20 years in prison and a fine of up to $100,000.
What is Malicious Wounding
What is does this mean, really?
In Virginia, Assault & Battery is a Class 1 Misdemeanor. Malicious wounding is a Felony which is a good deal more serious. While the statute specifically mentions “shoot” “stab” and “cut” the reality is that just about any actual injury can result in a Malicious Wounding charge, if there is evidence of an “intent to maim, disfigure, disable or kill.” This charge does not require the use of a knife, a gun, or any weapon at all. This charge can come from something as simple as a fight that results in even somewhat serious bruising.
Evaluating the evidence, the injuries, and any possible defense is an important part of any representation.
Hire a Lawyer
This is a serious charge that, and there is the possibility of significant jail time, and life long consequences for a felony conviction. A local criminal defense lawyer can determine if your charge is appropriate, what defenses you have, and what possible resolutions are available to you. Contact our Northern Virginia Criminal Defense Lawyers to learn how we can help you.