Malicious Wounding & Unlawful Wounding
Unlike Assault and Battery, the crime of malicious wounding or unlawful requires that a wound be inflicted with an “intent to maim, disable, disfigure or kill.”
Malicious Wounding versus Unlawful Wounding
Malicious wounding differs from unlawful wounding in that malicious wounding involves “malice.” To commit an offense with malice is to intentionally act at a time when you were not provoked to act in the heat of passion. If the wounding occurred without malice—for example in the presence of some factor that provoked the defendant to rage or anger—then it would likely be charged as unlawful wounding.
The punishment for malicious wounding is different than that for unlawful wounding because the person’s mindset in committing each offense is different. Malicious wounding is a Class 3 felony that carries the potential for a sentence of 5 to 20 years in prison and up to a $100,000 fine. Unlawful wounding is a Class 6 felony that carries the potential for a sentence of up to five years in prison and up to a $2,500 fine.
Aggravated Malicious Wounding
For malicious wounding cases where the victim suffered a “permanent and significant physical impairment,” the charge is elevated to one of Aggravated Malicious Wounding and the maximum punishment increases to 20 years to life in prison and a $100,000 fine. Cases where victims are disabled, crippled or visibly permanently scarred would qualify as a permanent and significant physical impairment. However, an injury that has completely healed or is predicted to heal and leave no signs of an injury—even if the injury was otherwise quite serious—will likely not meet the standard for an aggravated malicious wounding.
If you have been accused of Malicious Wounding or Unlawful Wounding, we can help. It is important that you consult an experienced attorney immediately. Our attorneys use their extensive trial experience to protect your rights and defend your interests. It is imperative that your attorney begin working on your case immediately to conduct an investigation, preserve evidence, record witness accounts and protect your rights.
Please contact Naum Estevez, PLLC’s attorneys for a free case consultation.