This is obviously a very serious criminal charge in Virginia. The code section 18.2-51.2 is written rather broadly and interpreted by the Courts very broadly, to include various types of injuries which would not seem on their face to justify a charge with a potential life sentence. The charge of Aggravated Malicious Wounding is a Class 2 felony, punishable from 20 years in prison to life in prison, and a fine up to $100,000. There are two ways which the case can be proven by the Commonwealth.

First, by proving "severe injury" or "permanent and significant physical impairment" to the victim:

maliciously (intentionally and without justification or provocation) breaking the skin (such as a gunshot, stabbing, cutting, etc.) another person with intent to maim, disable, disfigure, or kill, and severe injury and permanent and significant physical impairment resulted from the action

Va. Code § 18.2-51.2(A). Normally the severity of an injury or the permanence of an injury would be the subject for expert witness testimony. However, in the case of loss of a functional body part -- such as the victim losing an eye -- this injury would be within the understanding of the jury and not require an expert witness.


Second, by proving intent to cause the involuntary termination of a woman's pregnancy:

maliciously (intentionally and without justification or provocation) breaking the skin by using a weapon (such as a gunshot, stabbing, cutting, etc.) a pregnant woman with intent to maim, disable, disfigure, or kill or cause the involuntary termination of a pregnancy, and severe injury and permanent and significant physical impairment - including termination of a pregnancy - resulted from the action

Va. Code § 18.2-51.2(B). The Code defines involuntary termination of a pregnancy as a severe injury and a significant permanent impairment. Va. Code § 18.2-51.2(C). This element could be proved either by an expert witness (such as a woman's treating physician) or by the victim herself. If you are facing a criminal or traffic charge and would like to speak with an attorney, please feel free to contact my office to arrange for a free consultation.