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Unlawful Wounding (Va Code 18.2-51), is the defined as a person unlawfully shoots, stabs, cuts, or wounds any person or by any means causes him bodily injury with the intent to maim, disfigure, disable, or kill, shall be guilty of a Class 6 Felony, which is punishable by up to 5 years in jail or a $2,500.00 fine.
The Commonwealth of Virginia must prove two elements to secure a conviction of a defendant for unlawful wounding: (1) the defendant recklessly shot, stabbed, cut, wounded, or caused bodily injury to another person, and (2) the defendant intended to maim, disfigure, disable or kill the other person at the time he committed the act.
What is "Wounding" For Purposes of the "Unlawful Wounding" Statute in Virginia?
Generally, in order to prove "Wounding" for purposes of the Unlawful Wounding Statute in Virginia, the Commonwealth must prove beyond a reasonable doubt that (1) the victim's skin was broken as a result of the actions taken by the defendant, and (2) that the defendant used a weapon in the commission of the offense which caused the skin to be broken.
For example, assume the defendant punched someone in the face causing the alleged victim to suffer a cut above their eye. The cut above the eye would constitute a "wounding" as the skin has been broken. However, since the defendant did not use a weapon in the commission of the offense and since it likely did not require medical attention or significantly affect the victim's lifestyle, the more appropriate charge is an Assault and Battery, which is a Class 1 Misdemeanor offense and not a felony.
What is "Bodily Injury" For Purposes of the "Unlawful Wounding" Statute in Virginia?
Generally, in order to prove "Bodily Injury" for purposes of the Unlawful Wounding Statute in Virginia, the Commonwealth must prove beyond a reasonable doubt that the victim suffered some internal injury (but something more than a mere bruise). Here, use of a weapon by the defendant is not required.
So what's the difference between felony Unlawful Wounding when there is a "bodily injury" and misdemeanor Assault and Battery in Virginia? The main difference is with the type of injury. For purposes of Unlawful Wounding, there must typically be a showing by the Commonwealth that the injury resulted in a need for medical attention or that the injury remained for a period of time which affected the victim's way of life.
What Should I Do If I Am Charged with Unlawful Wounding in Virginia?
There are a variety of defenses a skilled Virginia defense attorney can employ when dealing with an unlawful wounding charge. Because "unlawful wounding" is a felony in Virginia, it carries with it significant jail time, together with other collateral consequences of a felony conviction. Student loans, Federal aid, State and Federal subsidies, your right to vote, your right to be on a jury, and your constitutional right to own a firearm will all be placed in jeopardy should a person become a "convicted felon".
It is critical that you immediately contact us so that we can speak with you about the particular facts of your case and assess what possible defenses may be raised which can reduce or potentially dismiss the charges pending against you. Please contact us at 703-542-4500 to schedule either a phone consultation or an in-person meeting in our Northern Virginia office.
The Commonwealth of Virginia must prove two elements to secure a conviction of a defendant for unlawful wounding: (1) the defendant recklessly shot, stabbed, cut, wounded, or caused bodily injury to another person, and (2) the defendant intended to maim, disfigure, disable or kill the other person at the time he committed the act.
What is "Wounding" For Purposes of the "Unlawful Wounding" Statute in Virginia?
Generally, in order to prove "Wounding" for purposes of the Unlawful Wounding Statute in Virginia, the Commonwealth must prove beyond a reasonable doubt that (1) the victim's skin was broken as a result of the actions taken by the defendant, and (2) that the defendant used a weapon in the commission of the offense which caused the skin to be broken.
For example, assume the defendant punched someone in the face causing the alleged victim to suffer a cut above their eye. The cut above the eye would constitute a "wounding" as the skin has been broken. However, since the defendant did not use a weapon in the commission of the offense and since it likely did not require medical attention or significantly affect the victim's lifestyle, the more appropriate charge is an Assault and Battery, which is a Class 1 Misdemeanor offense and not a felony.
What is "Bodily Injury" For Purposes of the "Unlawful Wounding" Statute in Virginia?
Generally, in order to prove "Bodily Injury" for purposes of the Unlawful Wounding Statute in Virginia, the Commonwealth must prove beyond a reasonable doubt that the victim suffered some internal injury (but something more than a mere bruise). Here, use of a weapon by the defendant is not required.
So what's the difference between felony Unlawful Wounding when there is a "bodily injury" and misdemeanor Assault and Battery in Virginia? The main difference is with the type of injury. For purposes of Unlawful Wounding, there must typically be a showing by the Commonwealth that the injury resulted in a need for medical attention or that the injury remained for a period of time which affected the victim's way of life.
What Should I Do If I Am Charged with Unlawful Wounding in Virginia?
There are a variety of defenses a skilled Virginia defense attorney can employ when dealing with an unlawful wounding charge. Because "unlawful wounding" is a felony in Virginia, it carries with it significant jail time, together with other collateral consequences of a felony conviction. Student loans, Federal aid, State and Federal subsidies, your right to vote, your right to be on a jury, and your constitutional right to own a firearm will all be placed in jeopardy should a person become a "convicted felon".
It is critical that you immediately contact us so that we can speak with you about the particular facts of your case and assess what possible defenses may be raised which can reduce or potentially dismiss the charges pending against you. Please contact us at 703-542-4500 to schedule either a phone consultation or an in-person meeting in our Northern Virginia office.
