3 Elements of Malicious Wounding in Virginia
Malicious Wounding in Virginia (Va. Code 18.2-51) is a Class 3 felony and is punished with 5 to 20 years in prison. It is essentially wounding another person with the intent to produce a permanent condition. This legal guide discusses the 3 elements of a Malicious Wounding charge in Virginia.
MaliceTo Convict an offender of Malicious Wounding in Virginia, the Commonwealth must prove that the accused acted with malice. A malicious act is something done wrongfully or without provocation.
Shoot, Stab, Cut, WoundThe malicious act must be done by shooting, stabbing, cutting, or wounding. For purposes of Malicious Wounding in Virginia, wounding means breaking the skin by using any weapon.
Intent to Main, Disable, Disfigure, or KillThe offender must intend to maim, disable, disfigure, or kill the victim. The offender does not need to actually main, disable, disfigure or kill to be convicted of Malicious Wounding in Virginia, so long as he had the intent to cause one of these results. Causing severe injury with this intent can be charged as Aggravated Malicious Wounding in Virginia which is punished with up to life in prison.