A drive-by results in the victim being paralyzed. What crime has been committed?

• A. Simple assault
• B. Aggravated Malicious Wounding
• C. Assault + Battery
• D. Malicious wounding

Answer: (B)

When a wounding is committed with the intent to maim, disable, or kill, the level of offense escalates if the injury is especially severe. In this case, the drive-by results in paralysis, a permanent disability. That permanency shows the injury is beyond a simple or ordinary wound, so the charge is aggravated malicious wounding. The act demonstrates the malicious intent to disable someone, and the outcome is a permanent impairment, which fits the aggravated category.

Simple assault covers lesser injuries or threats and does not capture the permanent disability caused. Regular malicious wounding involves serious injury or disability, but the term aggravated malicious wounding is used when the injury results in permanent disability or disfigurement, as here.