Is Malicious Wounding Worse Than Assault in Virginia?

 Posted on April 17, 2025 in Criminal Defense

"Violent crime" is an umbrella phrase encompassing many criminal charges that have varying categorizations, implications, and potential penalties. Among the charges are malicious wounding and assault. While the terms seem similar, the circumstances that warrant a charge for either are very different. If you have been charged with malicious wounding in Virginia, it is crucial that you understand the specific charges and allegations against you, and a Virginia criminal defense attorney can help.

What Is Malicious Wounding?

Virginia code § 18.2-51 defines malicious wounding as "the intent to maim, disfigure, disable, or kill" someone by shooting, stabbing, cutting, or otherwise wounding them. It is a Class 3 felony unless the illegal act was not done maliciously. In that case, it becomes a Class 6 felony. Aggravated malicious wounding is a more severe charge, categorized as a Class 2 felony.

The penalties for a Class 3 felony in Virginia are steep. If convicted, the offender can face a minimum of five and up to 20 years in prison. The fines are also substantial, sometimes as high as $100,000. If the malicious wounding charge is a Class 6 felony, a conviction will likely result in a sentence of one to five years imprisonment and up to $2,500 in fines. A conviction of aggravated malicious wounding could result in a sentence of life in prison.

How Does Virginia Define Assault?

Assault is a broad term that covers many different acts and is generally categorized as simple assault or assault and battery. According to § 18.2-57, both are misdemeanors. Assault is the attempt to commit battery, but does not have to involve physically touching someone; battery is the harmful or offensive touching of another person. 

If the victim of simple assault was intentionally selected because of their "race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin," the assailant will face a minimum of six months in jail. Assault may also have aggravating factors, such as the use of weapons, that can elevate the charge to a felony.

How Can You Challenge Malicious Wounding Charges?

Building a defense against a malicious wounding charge is a personalized process based on the factors affecting your case. Some defenses include:

• Self-defense: A common strategy for challenging malicious wounding and assault is to prove that you acted to protect yourself or someone else.

• Offense mitigation: Sometimes, other factors can turn the case more in your favor, such as explaining that alcohol was involved or that both people involved were participating in an illegal act.

• Mutual combat: This defense is rarely used, but in some cases, you may be able to prove that the other party consented. This might be true for a sport like boxing.

Your attorney will assess the details of your case to determine the most appropriate defense.

Schedule a Free Consultation With a Fairfax, VA Malicious Wounding Attorney

Your right to defend yourself against criminal charges is something we take seriously. With over 50 years of legal experience, the Virginia violent crimes lawyer at Robinson Law, PLLC understands the legal process and what your specific charges mean for your case. Call 703-844-3746 today to schedule a free consultation in English or Spanish.