Virginia Code

Va. Code Ann. § 18.2-53 (2026)

Shooting, etc., in committing or attempting a felony

✓ current as of May 2026

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If any person, in the commission of, or attempt to commit, felony, unlawfully shoot, stab, cut or wound another person he shall be guilty of a Class 6 felony.

Code 1950, § 18.1-68; 1960, c. 358; 1975, cc. 14, 15.

Notes of Decisions

Cited in 39 cases (16 in the last 5 years), 1981–2026 · leading case: Hines v. Commonwealth, 791 S.E.2d 563 (Va. 2016).

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Hines v. Commonwealth, 791 S.E.2d 563 (Va. 2016). · cites it 10× “After granting the Commonwealth's motion to amend the indictment, the trial court also found Hines guilty of a violation of Code § 18.2-53, shooting another person in the commission of a felony.”

Hall v. Commonwealth, 421 S.E.2d 455 (Va. Ct. App. 1992). · cites it 16× “2-58, unlawfully stabbing during the commission of a felony in violation of Code § 18.2-53, two counts of malicious wounding in violation of Code § 18.”

Blythe v. Commonwealth, 284 S.E.2d 796 (Va. 1981). · cites it 13× “The defendant, James Calvin Blythe, was indicted separately for murder and the unlawful shooting, stabbing, cutting, or wounding of another in the commission of a felony (Code § 18.2-53). In a single jury trial, the defendant was convicted of voluntary manslaughter, with…”

Thomas James Synan, II v. Commonwealth of Virginia, 795 S.E.2d 464 (Va. Ct. App. 2017). · cites it 4× “2-266; and malicious wounding of Ruth Synan during a felony in violation of Code § 18.2-53. 2 . At trial, the Commonwealth nolle prosequied three of the charges: malicious wounding of Ruth Synan during a felony in violation of Code § 18.”

Washington v. Com., 634 S.E.2d 310 (Va. 2006). · cites it 2× “1, and one count of violating Code § 18.2-53, for an attack on his girlfriend, Kathleen A.”

Harry Lee Davison, III v. Commonwealth of Virginia, 819 S.E.2d 440 (Va. Ct. App. 2018). · cites it 2× “2 and two counts of wounding another person in the commission of a felony in violation of Code § 18.2-53. Those convictions are not the subject of this appeal.”

United States v. Antonio Simmons, 999 F.3d 199 (4th Cir. 2021). “The trial court should not have instructed the jury on Va. Code Ann. § 18.2-53 , which proscribes a different criminal offense than the one charged in the SSI, section 18.”

Darnell v. Commonwealth, 408 S.E.2d 540 (Va. Ct. App. 1991). · cites it 2× “2-35 and unlawful wounding under § 18.2-53. The Court found that Code § 18.”

Hudson v. Commonwealth, 590 S.E.2d 362 (Va. 2004). · cites it 2× “2-32, and six counts of unlawfully and feloniously using a firearm in the commission of a felony, Code § 18.2-53. Pursuant to a plea agreement, Hudson pled guilty to the capital murder of Stanley Cole and Wesley Cole, the first-degree murder of Patsy Cole, and two counts of…”

Rashad v. Commonwealth, 651 S.E.2d 407 (Va. Ct. App. 2007). ““Burglary laws are based primarily upon a recognition of the dangers to personal safety created by the usual burglary situation—the danger that the intruder will harm the occupants in attempting to perpetrate the intended crime or to escape and the danger that the occupants will…”

Maceo Spates v. Harold Clarke, 547 F. App'x 289 (4th Cir. 2013). “2-61; unlawful wounding during the commission of a felony, see Va.Code § 18.2-53; petit larceny, see Va.”

Washington v. Commonwealth, 604 S.E.2d 92 (Va. Ct. App. 2004). · cites it 2× “1, and that he committed a wounding during the commission of a felony in violation of Code § 18.2-53. On appeal, Washington contends that the trial judge erred in permitting the prosecutor to prove two prior robbery convictions during the guilt phase of the bifurcated trial.”

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