What is Malicious and Unlawful Wounding?

Posted By David L. Carlson, Attorney At Law || 28-Dec-2015

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
  • Firefighters
  • 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.

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