Unlawful wounding, as set forth in Virginia Code section 18.2-51, is a Class 6 Felony. A judge may impose a penalty according to the sentencing guidelines; however, those guidelines are not mandatory.
A person is guilty of unlawful wounding if he intentionally cuts, stabs, shoots or otherwise wounds another person but does so without malicious intent. Additionally, if a person does act maliciously, his crime may be reduced to unlawful wounding if he acted in the "heat of passion" or was provoked by the victim.
Sentencing guidelines allow a judge, when imposing the sentence after an unlawful wounding conviction, to consider the severity of the crime, as well as whether the defendant has a prior criminal history. However, the judge has the discretion to impose a lesser or greater sentence based on the circumstances of the case.
Unlawful wounding is punishable by jail time and a fine. The sentence guidelines set the sentence for a Class 6 felony at a £1,625 fine and a maximum of five years in prison.
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