The crimes of Malicious Wounding and Unlawful Wounding are both felonies dealing with assault and battery, but these offenses in particular deal with the mindset of the defendant as well as the impact on the victim.

What is Malicious Wounding? Malicious Wounding is defined as shooting, stabbing, cutting, or wounding another person, or injuring another person by any means, with the intent to maim, disfigure, disable, or kill. The key part of this offense is that these acts must be done with malice, wherein malice is defined as the frame of mind which results in the intentional doing of a wrongful act without legal excuse or justification, at a time when the defendant’s mind is under the control of reason. The prosecution must prove three elements to secure a conviction of malicious wounding. They are:

The defendant shot, stabbed, cut, wounded, or caused bodily injury to another person

The defendant intended to maim, disfigure, disable, or kill the other person at the time he committed the act

The defendant committed the act with malice

• Penalties – Class 3 felony, 5-20 years in prison, and a maximum fine of $100,000.00
• Virginia’s “Three Strikes Law” – Any criminal previously convicted of two separate violent crimes will automatically be sentenced to life in prison for the third conviction of any violent crime.

What is Unlawful Wounding? Unlawful wounding is defined as stabbing, cutting, wounding, or causing bodily harm to another person, unlawfully and intentionally, without malice. The prosecution must prove two elements to secure a conviction of unlawful wounding. They are:

The defendant shot, stabbed, cut, wounded, or caused bodily injury to another person

The defendant intended to main, disfigure, disable, or kill the other person at the time he committed the act

• Penalties – Class 6 felony, 1-5 years in prison, and a maximum fine of $2500.00
• Virginia’s “Three Strikes Law” – Any criminal previously convicted of two separate violent crimes will automatically be sentenced to life in prison for the third conviction of any violent crime.

Why should I consult an attorney? These charges are nothing to take lightly. If convicted, a prison sentence is almost certain. Attorney Paracha will use strategic defenses to reduce the charges, which will result in lesser penalties.

If you have been charged with malicious or unlawful wounding, contact The Paracha Firm immediately for no-fee consultation.