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Malicious Wounding (Va Code 18.2-51), is the defined as a person maliciously 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 3 Felony, which is punishable by 5 to 20 years in jail and a fine of up to $100,000.00.
The Commonwealth of Virginia must prove three elements to secure a conviction of a defendant for malicious wounding: (1) the defendant intentionally shot, stabbed, cut, wounded, or caused bodily injury to another person, (2) the defendant intended to maim, disfigure, disable or kill the other person at the time he committed the act, and (3) that the act was done with malice.
What Does "Malice" Mean For Purposes of the "Malicious Wounding" Statute in Virginia?
Generally, "Malice" does not simply mean ill will against a person, but signifies an intentional wrongful act done, without justification or excuse. Malice can be committed "expressly" or "implicitly". For example, "express malice is evidenced when one [commits a criminal act] with a sedate, deliberate mind and formed design ... [but] implied malice exists when any purposeful, cruel act is committed by one individual against another without any, or without great provocation." Wharton's Criminal Law and Procedure, § 245.
This prior passage tends to give attorneys and judges difficulty in determining what is malice and what is not malice. Virginia Courts have held that the use of a deadly weapon is enough to presume malice. That notwithstanding, Virginia Courts have found no malice where an infant died due to starvation that was provoked by a family argument. The difference in the interpretation may be tied to the aggravating factors of a case or the complete reckless nature of the defendant's actions. In any event, it is clear that you will need a knowledgeable and aggressive attorney to properly convey the facts of your case in order to attempt to put you in the best position to argue the merits of a "malice" claim.
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 malicious wounding charge. Because "malicious 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 three elements to secure a conviction of a defendant for malicious wounding: (1) the defendant intentionally shot, stabbed, cut, wounded, or caused bodily injury to another person, (2) the defendant intended to maim, disfigure, disable or kill the other person at the time he committed the act, and (3) that the act was done with malice.
What Does "Malice" Mean For Purposes of the "Malicious Wounding" Statute in Virginia?
Generally, "Malice" does not simply mean ill will against a person, but signifies an intentional wrongful act done, without justification or excuse. Malice can be committed "expressly" or "implicitly". For example, "express malice is evidenced when one [commits a criminal act] with a sedate, deliberate mind and formed design ... [but] implied malice exists when any purposeful, cruel act is committed by one individual against another without any, or without great provocation." Wharton's Criminal Law and Procedure, § 245.
This prior passage tends to give attorneys and judges difficulty in determining what is malice and what is not malice. Virginia Courts have held that the use of a deadly weapon is enough to presume malice. That notwithstanding, Virginia Courts have found no malice where an infant died due to starvation that was provoked by a family argument. The difference in the interpretation may be tied to the aggravating factors of a case or the complete reckless nature of the defendant's actions. In any event, it is clear that you will need a knowledgeable and aggressive attorney to properly convey the facts of your case in order to attempt to put you in the best position to argue the merits of a "malice" claim.
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 malicious wounding charge. Because "malicious 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.
