There are four ways that an offender can violate Va. Code18.2-51. A repeat offense and other subsequent ones get the defendant a five-year prison sentence. Like our page if you want to stay connected with us, Find the Reviews widget in the body of the page and rate us, Log in or sign up if you havent already to complete the process. 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 . The victim will argue that they were unaware of the attack and were unable to defend themselves. Submitting this form below will send a message to your email with a link to change your password. An experienced attorney can determine whether you have any grounds for dismissal of the charges against you, explore plea options or represent you at trial. It can be terrifying to face a malicious wounding charge. If one faces these charges, they should immediately conduct a criminal defense attorney to prepare their defense. You could dispute that you wanted to maim, disfigure, disable, or kill another person or were so reckless that you didnt care if you harmed someone. Malicious assault and unlawful assault are felonies. Malicious wounding or maliciously causing bodily is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000. The definition of malice is the ill will a person has to do something. Prosecutors charge this unlawful behavior as malicious wounding or unlawful wounding based on the defendant's intent, as explained below. Sometimes the defendant may use the gun to attempt to cause harm to the victim. Malicious and Unlawful Wounding in Virginia Attempted malicious or unlawful wounding is engaging in conduct indicating an intent to maim, disfigure, disable or kill and comes close to inflicting a wound or injury. Shooting, stabbing, etc., with intent to maim, kill, etc. Unlawfully means intentionally committing a wrongful act without justification or excuse. Choose wisely! PDF List of Barrier Crimes - Virginia The attorney listings on this site are paid attorney advertising. Depending on the circumstances of the particular case, intention to kill and malice can be inferred. In addition to this severe penalty, the defendant is also expected to pay a fine of up to $100,000. To convict an offender of malicious wounding in Virginia under18.2-51, the Commonwealth must prove that the offender maliciously or unlawfully shot, stabbed, cut, wounded, or caused bodily injury to another person with the intent to maim, disable, disfigure or kill. Kanawha County Schools authorizes trained employees to administer naloxone, Abortion clinics reassure worried patients, set backup plans, Charleston woman pleads not guilty to murder charge, Marshall Board of Governors renames Robert C. Byrd Institute, Chapmanville K-9 handler no longer employed with police department, 'He has no idea what obligation is': Justice's debts mount as he launches US Senate run, Cross Lanes native publishing a 'mountaineer mystery' this spring, Nine injured in press box collapse at Wayne middle school softball tournament, Path to WVU already paved for RaeQuan Battle, WVU football: Mountaineers add DB commitment, Nucor confident in workforce recruiting strategies for new WV mill, Rep. Miller donates Library of Congress books to Hamlin library.