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Malicious Wounding in Virginia Takes Three Forms

In Virginia, malicious wounding charges are vigorously prosecuted and are punished severely.

The Virginia Code contains three primary statutes that address malicious wounding offenses, and each varies as to what acts consitute the crime. The key element of each malicious wounding statute is proof of malicious intent on the part of the accused. Absent proof beyond a reasonable doubt that the accused acted maliciously, he or she cannot be convicted of malicious wounding, but perhaps a lesser offense such as unlawful wounding or assault and battery.

The primary statute is Code § 18.2-51. It states: "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." A Class 3 felony is punishable by a prison sentence of from 5 to 20 years, and a Class 6 felony is punishable by a prison sentence of from 1 to 5 years. However, depending on the circumstances the judge or jury can, upon conviction of the Class 6 felony, find a lesser punishment, such as a jail term of not more than one year.

Code § 18.2-51.1 is a malicious wounding statute that carries a much harsher penalty, because it applies whenever the victim is "engaged in the performance of his public duties as a law-enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel." The range of prison time upon conviction for this offense is from 5 years to 30 years, with a mandatory minimum sentence of 2 years.

Of the three malicious wounding statutes, prosecution under Code § 18.2-51.2 is the harshest. This is the aggravated malicious wounding statute. It applies if the victim is severely injured, and also suffers a permanent and significant physical impairment, or is pregnant. This crime is a Class 2 felony, and upon conviction the accused will be subject to imprisonment of from 20 years to life.