A malicious wounding charge is committed by deliberately causing injury
to another person with the intention seriously injuring, disfiguring,
maiming, disabling, or killing the victim. The malice intention to badly
harm an individual is what separates that type of violent crime from
assault and battery charges. Aggravated malicious wounding occurs when an individual sustains
permanent and severe impairment or the termination of pregnancy.
However, if a defendant causes injury without acting maliciously and without
the intention of killing the victim, then it is considered unlawful wounding.
Punishments for Malicious and Unlawful Wounding
Malicious wounding is considered a Class 3 felony, punishable by a five
to 20 years in prison and a maximum fine of $100,000. Aggravated malicious
wounding is a Class 2 felony, punishable by 20 years to life in prison
and a maximum fine of up to $100,000.
If malicious wounding was committed against particular protected employees
who are engaged in the performance of public duties (who the defendant
knows or has reason to know), the crime is punishable by five to 30 years
in prison and a maximum fine of $100,000. Those convicted must serve a
mandatory sentence of at least two years
Protected employees include the following:
- Law enforcement officers
- Emergency medical services personnel
- Search and rescue personnel
Malicious wounding by acid, fire, explosion, or by biological and radioactive
weapons is associated with five to 30 years in prison. Using or attempting
to use a firearm with malicious intent results in a three year prison
sentence for the first offense, while second and subsequent offenses are
punishable by five years in prison.
Unlawful wounding, whether by strangulation, acid, fire or explosion are
all Class 6 felonies. Since a Class 6 felony may be punished as a felony
or misdemeanor, the punishment is either one year jail sentence or one
to five years in prison, along with a maximum fine of $2,500. Unlawful
wounding committed against a protected employee is still a Class 6 felony,
but those convicted must serve a mandatory prison sentence of at least one year.
For more information about violent crimes,
contact our firm today and speak with one of our
Richmond criminal lawyers.