Brutal Cuts

You unleash a string of insults laced with subtle enchantments at a creature you can see within range. If the target can hear you (though it need not understand you), it must succeed on a Wisdom saving throw or take [roll]3d6[/roll] + Charisma modifier psychic damage and cry so hard it has disadvantage on the next attack roll it makes before the end of its next turn. On a Successful save, it takes half damage and no other effects.

When you cast this spell using a spell slot of 2nd level or higher, the damage increases by 1d6 + Charisma modifier for each slot level above 1st.

Nonlethal Damage
Before casting, the caster can choose that the spell will do non-lethal damage. In this case, if the total damage exceeds the target's hit points the spell does damage to the target's soul. The target is reduced to 1 HP and Incapacitated, even if they succeeded on its Wisdom saving throw.
The creature must remain in this state until all the excess damage has been healed, even if that total excess damage is larger than the target's hit points.