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Maiming, Malicious Wounding, Aggravated Assault


Malicious and Unlawful Wounding Charges in Virginia Beach

Malicious or unlawful wounding in Virginia, it is one of the more serious felony charges in Virginia. Aggravated malicious wounding is a Class 2 felony that carries a possible sentence of life in prison. The malicious/unlawful wounding charge (also known as the “maiming statute“) can be broken into four different charges. It is important to seek the advice of a criminal defense lawyer who is experienced in these charges to ensure the prosecutor has not overcharged for something that may be more appropriate as a misdemeanor assault and battery.

Wounding vs. Bodily Injury

The maiming statute requires that there be an act to either “shoot, stab, cut or wound”, or “cause a bodily injury”. For the first, there must be a breaking of the skin and there must be use of a weapon, not one provided to a person naturally (feet, hands, teeth, etc.). The latter requirement is more of a catch all that may include bruising or breaking bones. This section does not require the use of a weapon, but it must be alleged how the bodily injury was inflicted.

Malicious vs. Unlawful

Malicious and unlawful wounding/bodily injury charges are essentially felony assault and battery charges. Both charges are serious felonies that carry possible jail sentences. A “malicious” charge is a Class 3 felony that carries up to 20 years in prison; an “unlawful” charge is a Class 6 felony which carries up to 5 years in prison.

The difference between being found guilty of “malicious” or “unlawful” conduct depends on the evidence of intent of the individual. For the  charge to be elevated to “malicious” there must be some evidence of malice. Malice is a tricky concept to explain, but in short it requires some level of premeditation or deliberation with little or no provocation.

Aggravated Malicious Wounding

The charge of aggravated malicious wounding involves those situations where the alleged victim is severely injured and has been inflicted with a permanent disfigurement.

Contact a Criminal Defense Lawyer at Garrett Law Group, PLC

Malicious wounding charges are nothing to take lightly. If convicted of this offense, a prison sentence is almost certain. Our criminal defense lawyers have handled many cases alleging  malicious wounding or unlawful wounding. In many instances, we have been able to successfully defend the charge by asserting self-defense, or having the matter reduced to a misdemeanor charge.

Contact our office today to speak with a criminal lawyer in Virginia Beach regarding your felony assault and battery charge. (757) 422-4646. Our legal team is available 24/7/365 to answer your questions.

Virginia Statutes:

§ 18.2-51. Shooting, stabbing, etc., with intent to maim, kill, etc.
§ 18.2-51.1. Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or emergency medical service providers; penalty; lesser-included offense.
§ 18.2-51.2. Aggravated malicious wounding; penalty.
§ 18.2-51.3. Prohibition against reckless endangerment of others by throwing objects from places higher than one story; penalty.
§ 18.2-51.4. Maiming, etc., of another resulting from driving while intoxicated.
§ 18.2-51.5. Maiming, etc., of another resulting from operating a watercraft while intoxicated; penalty.
§ 18.2-51.6. Strangulation of another; penalty.
§ 18.2-52. Malicious bodily injury by means of any caustic substance or agent or use of any explosive or fire.
§ 18.2-52.1. Possession of infectious biological substances or radiological agents; penalties.
§ 18.2-53. Shooting, etc., in committing or attempting a felony.
§ 18.2-53.1. Use or display of firearm in committing felony.
§ 18.2-54. Conviction of lesser offenses under certain indictments.
§ 18.2-54.1. Attempts to poison.
§ 18.2-54.2. Adulteration of food, drink, drugs, cosmetics, etc.; penalty.
§ 18.2-55. Bodily injuries caused by prisoners, state juvenile probationers and state and local adult probationers or adult parolees.