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Virginia Malicious and Unlawful Wounding - Va. Code §18.2-51

Malicious Wounding / Maiming (Va. Code §18.2-51)

Violent felony offenses in Virginia can be broken down into two main categories: those which involve a death and those which do not involve a death.  This will touch on a few of Virginia’s violent crimes which do not involve a death.

In Virginia, wounding someone with the intent to permanently injure or kill is an extremely serious felony offense.  Depending upon the nature of the injuries inflicted, and whether the assailant acted in the heat of passion after being provoked or incited, the appropriate charge can range from Aggravated Malicious Wounding (maximum life in prison), Malicious Wounding (maximum 20 years in prison), or Unlawful Wounding (maximum 5 years in prison).

If you’ve been charged with Aggravated Malicious Wounding, Malicious Wounding, Unlawful Wounding, Assault and Battery or some other Criminal Offense, it’s critical that you contact an experienced, aggressive, Criminal Defense Attorney immediately.   Call The Wilson Law Firm and put our Criminal Defense Lawyers to work for you.  Toll free 877-CRIM-LWYR  or 703-361-6100.

Malicious Wounding  / Maiming: (See Va. Code § 18.2-51)

In Virginia, Malicious Wounding is maliciously wounding another with the intent to kill or permanently injure that person.   

Use of fists and knees can be sufficient – use of a weapon is not necessary.

Malice refers to an intentional wrongful act against another without excuse and may result from motives such as anger, hatred or revenge.  If the act is committed in the heat of passion, that may serve to negate the malice, which is important because without malice, one cannot be guilty of Malicious Wounding.  However, even in the absence of malice, one can still be prosecuted for the felony offense of Unlawful Wounding.

Aggravated Malicious Wounding:    (See Va. Code § 18.2-51.2)

If victim of a Malicious Wounding is severely injured and suffers permanent and significant physical impairment, the crime is elevated to one of Aggravated Malicious Wounding, for which a person can be sentenced to life in prison.

Unlawful Wounding:    (See Va. Code § 18.2-51)

Unlawful Wounding is a lesser included offense of Malicious Wounding.  Unlawful Wounding shares all of the same elements as Malicious Wounding, except malice itself.

Protected Victims:   (See Va. Code §18.2-51.1)

Both Malicious Wounding and Unlawful Wounding felony charges may be enhanced, including significant mandatory minimum jail times, if they involve victims from certain protected groups such as  law enforcement officers, firefighters, emergency medical services personnel, etc.

Assault and Battery:  (See Va. Code §18.2-57)

Battery (often referred to as Assault and Battery)  is a misdemeanor, lesser included offense of Malicious Wounding and it refers to the unlawful touching of another.  Any intentional touching of another, without legal justification or excuse, which is done in a rude, angry or vengeful manner is an Assault and Battery.

If you have been charged with any of the violent offenses discussed above, or any other Misdemeanor or Felony Criminal Offense in Virginia, call The Wilson Law Firm and put our experienced Criminal Defense Lawyers to work for you.

Toll free 877-CRIM-LWYR  or 703-361-6100.

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