Virginia Code

Va. Code Ann. § 18.2-51.2 (2026)

Aggravated malicious wounding; penalty

✓ current as of May 2026

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A. If any person maliciously shoots, stabs, cuts or wounds any other person, or by any means causes bodily injury, with the intent to maim, disfigure, disable or kill, he shall be guilty of a Class 2 felony if the victim is thereby severely injured and is caused to suffer permanent and significant physical impairment.

B. If any person maliciously shoots, stabs, cuts or wounds any other woman who is pregnant, or by any other means causes bodily injury, with the intent to maim, disfigure, disable or kill the pregnant woman or to cause the involuntary termination of her pregnancy, he shall be guilty of a Class 2 felony if the victim is thereby severely injured and is caused to suffer permanent and significant physical impairment.

C. For purposes of this section, the involuntary termination of a woman's pregnancy shall be deemed a severe injury and a permanent and significant physical impairment.

1986, c. 460; 1991, c. 670; 1997, c. 709.

Notes of Decisions

Cited in 200 cases (87 in the last 5 years), 1992–2026 · leading case: Branch v. Commonwealth, 419 S.E.2d 422 (Va. Ct. App. 1992).

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Branch v. Commonwealth, 419 S.E.2d 422 (Va. Ct. App. 1992). · cites it 16× “” Code § 18.2-51.2. He also contends that the Commonwealth did not prove beyond a reasonable doubt that his acts were done maliciously.”

Hall v. Commonwealth, 421 S.E.2d 455 (Va. Ct. App. 1992). · cites it 16× “2-51, and one count of aggravated malicious wounding in violation of Code § 18.2-51.2. Hall was sentenced to a life term in the penitentiary plus consecutive terms aggregating sixty-six years.”

Cottee v. Commonwealth, 525 S.E.2d 25 (Va. Ct. App. 2000). · cites it 21× “Don Meredith Cottee (appellant) was convicted of one count of aggravated malicious wounding, in violation of Code § 18.2-51.2; one count of malicious wounding, in violation of Code § 18.”

Martinez v. Commonwealth, 590 S.E.2d 57 (Va. Ct. App. 2003). · cites it 8× “2-32, aggra *14 vated malicious wounding, in violation of Code § 18.2-51.2, and two counts of use of a firearm in the commission of a felony, in violation of Code § 18.”

Lamm v. Commonwealth, 688 S.E.2d 295 (Va. Ct. App. 2010). · cites it 8× “Travis Wayne Lamm (appellant) was convicted by a jury of aggravated malicious wounding, pursuant to Code § 18.2-51.2. He argues on appeal that the trial court erred by denying his motion for a new trial based on after-discovered evidence.”

Joquan Wayne Hawkins v. Commonwealth of Virginia, 770 S.E.2d 787 (Va. Ct. App. 2015). · cites it 6× “Appellant does not deny that the surgical scar is a permanent and significant physical impairment pursuant to Code § 18.2-51.2. Appellant’s Brief at 3.”

Christopher Michael Ellis v. Commonwealth of Virginia, 827 S.E.2d 786 (Va. Ct. App. 2019). · cites it 10× “A victim must survive, if only briefly, for an injury to be considered “permanent” within the context of Code § 18.2-51.2, and the evidence proved that Ellis remained alive during -6- intervals of the attack.”

Adam Yafi v. Stafford Dep't of Soc. Servs., 820 S.E.2d 884 (Va. Ct. App. 2018). · cites it 2× “Further, viewed in the light most favorable to DSS, the record contains extensive evidence of the horrific child abuse suffered by Y.”

Newton v. Commonwealth, 462 S.E.2d 117 (Va. Ct. App. 1995). · cites it 8× “On appeal, appellant contends that the evidence was insufficient to sup *88 port his conviction for aggravated malicious wounding because the injuries sustained by the victim did not constitute permanent and significant physical impairment, as required by Code § 18.2-51.2. We…”

Robertson v. Commonwealth, 525 S.E.2d 640 (Va. Ct. App. 2000). · cites it 6× “2-51, and aggravated malicious wounding in violation of Code § 18.2-51.2. On appeal, Robertson argues the evidence is insufficient to support his convictions.”

Raymond Louis Harvey, Jr. v. Commonwealth of Virginia, 796 S.E.2d 428 (Va. Ct. App. 2017). · cites it 7× “2-26, aggravated malicious wounding pursuant to Code § 18.2-51.2, and two counts of use of a firearm in the commission of a felony pursuant to Code § 18.”

Barnes v. Com., 688 S.E.2d 210 (Va. 2010). · cites it 6× “During a pretrial hearing, Barnes filed a motion to suppress certain evidence that had been seized from his home pursuant to a search warrant.”

Show all 200 citing cases →

— Va. Code Ann. § 18.2-51.2(A) — 64 cases

Adam Yafi v. Stafford Dep't of Soc. Servs., 820 S.E.2d 884 (Va. Ct. App. 2018). “Further, viewed in the light most favorable to DSS, the record contains extensive evidence of the horrific child abuse suffered by Y.”

Christopher Michael Ellis v. Commonwealth of Virginia, 827 S.E.2d 786 (Va. Ct. App. 2019). “A victim must survive, if only briefly, for an injury to be considered “permanent” within the context of Code § 18.2-51.2, and the evidence proved that Ellis remained alive during -6- intervals of the attack.”

Thomas James Synan, II v. Commonwealth of Virginia, 795 S.E.2d 464 (Va. Ct. App. 2017).

Joquan Wayne Hawkins v. Commonwealth of Virginia, 770 S.E.2d 787 (Va. Ct. App. 2015). “Appellant does not deny that the surgical scar is a permanent and significant physical impairment pursuant to Code § 18.2-51.2. Appellant’s Brief at 3.”

Donte Lavell Brooks v. Commonwealth of Virginia, 739 S.E.2d 245 (Va. Ct. App. 2013).

— Va. Code Ann. § 18.2-51.2(B) — 2 cases

Jacob Javay Ruff, a/k/a Jacob Jarvaya Ruff v. Commonwealth of Virginia (Va. Ct. App. 2014).

Yahsim Tremaine Williams v. Commonwealth of Virginia (Va. Ct. App. 2025).

— Va. Code Ann. § 18.2-51.2(a) — 1 case

Robert Allen Brotherton v. Commonwealth of Virginia (Va. Ct. App. 2024).

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