Individuals Convicted of a Malicious Wounding Charge in Virginia Face Long-Term Consequences, Including Difficulty Finding Employment and Housing
In Virginia, malicious wounding is a Class 3 felony, carrying a potential prison term of 5 to 20 years and a maximum fine of $100,000. Unlawful wounding, which is similar to a malicious wounding charge but lacks the element of malice, is a Class 6 felony which may lead to a prison sentence ranging from one to five years and a fine capped at $2,500.
Malicious Wounding Va Code § 18.2-51.
Shooting, stabbing, etc., with intent to maim, kill, etc. 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.
Code 1950, § 18.1-65; 1960, c. 358; 1975, cc. 14, 15.
What is Malicious Wounding?
Under Virginia law, malicious wounding is defined as “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.” When the same act is done unlawfully, but not maliciously, it is referred to and charged as unlawful wounding.
In order to be convicted of malicious wounding, the prosecution must prove that the defendant acted with malicious intent to cause serious bodily injury in the manner described above. This means that the defendant must have acted with the specific purpose of causing injury to the victim. It is not enough for the prosecution to prove that the defendant acted recklessly or negligently.
Often, the injuries sustained are not in dispute, and the question becomes one of whether or not there was malicious intent. There are several factors that can contribute to a charge of malicious wounding in Virginia. These may include the use of a deadly weapon, the severity of the injury sustained by the victim, and the circumstances surrounding the incident.
One of the most common factors that can lead to a malicious wounding charge is the use of a deadly weapon in a physical altercation. This includes any object that is capable of causing serious injury or death, such as a firearm, knife, or other sharp object. What might be a lesser crime if bare fists were used is could be enhanced to malicious wounding if an edged weapon is brought into the equation.
The severity of the injury sustained by the victim is also important in determining whether a charge of malicious wounding is appropriate. This is because the level of violence used can be inferred from the extent of the injury sustained. If the victim suffers a serious injury, such as a broken bone or a deep laceration, even when caused by blows from bare fists, this may be sufficient to support a charge of malicious wounding. However, if the injury is relatively minor, such as a scratch or a bruise, this may not be enough to support a charge of malicious wounding.
Finally, the circumstances surrounding the incident may also be considered when determining whether to charge someone with malicious wounding. For example, if the defendant and the victim were involved in a physical altercation and the defendant used excessive force in self-defense, this may be a mitigating factor that could result in a lesser charge. On the other hand, if the defendant attacked the victim without provocation or justification, this may be seen as an aggravating factor that could result in a more severe charge. Aggravated malicious wounding is a Class 2 felony with a prison sentence of 20 years to life and a fine of up to $100,000.
Malicious wounding charges in Virginia carry serious consequences
Malicious wounding is a serious crime in Virginia that carries severe penalties; as a Class 3 felony, it can carry between 5 and 20 years in prison and up to $100,000 in fines. Aggravated malicious wounding is a class 2 felony, you could face 20 years to life in prison in addition to a fine up to $100.000.
If you are convicted of malicious wounding, you could be sentenced to a term of active imprisonment and fines. In addition, a conviction for malicious wounding can have long-term consequences, including difficulty finding employment and housing and damage to your reputation. It is important to take these charges seriously and seek the help of a qualified criminal defense attorney to protect your rights and defend against these charges.
What Next When Charged with Malicious Wounding?
If you facing a malicious wounding charge in Virginia, it is important to seek the assistance of an experienced criminal defense attorney. A skilled lawyer can help you to understand the charges against you and develop a strong defense strategy. They can also help you to negotiate with the prosecution for a plea bargain or reduced charges, or represent you at trial if necessary.
If you are charged with malicious wounding in Virginia, call experienced Richmond defense attorney David G. Parker and speak with a knowledgeable Virginia criminal lawyer. We can offer you a free legal consultation and discuss possible next steps for your case.
David G. Parker
David G. Parker is a former prosecutor and courtroom veteran offering Criminal Defense, Traffic, and DUI representation in Staunton, Lexington, and the Shenandoah Valley.
