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Homicide is arguably the most violent and serious crime one can be charged with in Virginia. Capital Murder is the only crime in Virginia where a defendant can be sentenced to death. There are five basic homicide crimes in Virginia: capital murder; first degree murder which includes some felony murders; second degree murder which includes other felony murders; voluntary manslaughter; and involuntary manslaughter. The main differences between the individual charges lies in the level of intent, malice, premeditation, and factual circumstances of each case (e.g., whether there was provocation). In addition, the type of victim involved with the homicide may elevate the crime to a more serious class of homicide - for example, the classification of a particular homicide may be elevated where a victim was pregnant, if the victim was a law enforcement officer, or if the victim was under the age of 14.
There are several categories and subcategories associated with homicide. For example, Virginia Code § 18.2-32 sets the penalty for Second Degree Murder at a minimum of 5 years in jail and a maximum of 40 years in jail. Second Degree Murder is the unlawful killing of any person with malice aforethought. What is "malice"? Several Virginia Courts have given this example of what could constitute Second Degree Murder and the requisite level of malice: A workman who throws a stone from a building onto a busy street without warning and kills a passerby may be convicted of second degree murder. This form of Second Degree Murder, usually called "depraved heart murder," involves a mental state of recklessness, meaning proceeding with conduct in the face of a known, very significant risk that death will occur. For recklessness to be malicious, one should be able to say that the defendant's conduct, given the circumstances, demonstrates an utter and callous indifference to the value of human life.
For homicide cases, penalties range from as little as 1 year to potentially the death penalty, depending on the classification of the homicide. It is for this reason that arguments involving intent, malice, and provocation are key to mitigating potential exposure to significant jail time. As discussed above, Capital Murder is a the only crime in Virginia where a defendant can be sentenced to death. The maximum penalty for First Degree Murder is life in prison. Also discussed above, the range of punishment for a Second Degree Murder conviction is a minimum 5 years in jail to a maximum of 40 years in jail. Finally, the penalties associated with Voluntary and Involuntary Manslaughter in Virginia range from 1 to 10 years in prison. No matter what type/class of homicide charge a defendant faces in Virginia, it is critical to retain an attorney who is aggressive and knowledgable in this area of the law.
What Should I Do If I Am Charged with Murder or Homicide in Virginia?
There are a variety of defenses a skilled Virginia defense attorney can employ when dealing with a murder or other type of homicide charge. Because any type of homicide is a felony in Virginia, it carries with it significant jail time, together with other collateral consequences of a felony conviction. Student loans, Federal aid, State and Federal subsidies, your right to vote, your right to be on a jury, and your constitutional right to own a firearm will all be placed in jeopardy should a person become a "convicted felon".
It is critical that you immediately contact us so that we can speak with you about the particular facts of your case and assess what possible defenses may be raised which can reduce or potentially dismiss the charges pending against you. Please contact us at 703-542-4500 to schedule either a phone consultation or an in-person meeting in our Northern Virginia office.
There are several categories and subcategories associated with homicide. For example, Virginia Code § 18.2-32 sets the penalty for Second Degree Murder at a minimum of 5 years in jail and a maximum of 40 years in jail. Second Degree Murder is the unlawful killing of any person with malice aforethought. What is "malice"? Several Virginia Courts have given this example of what could constitute Second Degree Murder and the requisite level of malice: A workman who throws a stone from a building onto a busy street without warning and kills a passerby may be convicted of second degree murder. This form of Second Degree Murder, usually called "depraved heart murder," involves a mental state of recklessness, meaning proceeding with conduct in the face of a known, very significant risk that death will occur. For recklessness to be malicious, one should be able to say that the defendant's conduct, given the circumstances, demonstrates an utter and callous indifference to the value of human life.
For homicide cases, penalties range from as little as 1 year to potentially the death penalty, depending on the classification of the homicide. It is for this reason that arguments involving intent, malice, and provocation are key to mitigating potential exposure to significant jail time. As discussed above, Capital Murder is a the only crime in Virginia where a defendant can be sentenced to death. The maximum penalty for First Degree Murder is life in prison. Also discussed above, the range of punishment for a Second Degree Murder conviction is a minimum 5 years in jail to a maximum of 40 years in jail. Finally, the penalties associated with Voluntary and Involuntary Manslaughter in Virginia range from 1 to 10 years in prison. No matter what type/class of homicide charge a defendant faces in Virginia, it is critical to retain an attorney who is aggressive and knowledgable in this area of the law.
What Should I Do If I Am Charged with Murder or Homicide in Virginia?
There are a variety of defenses a skilled Virginia defense attorney can employ when dealing with a murder or other type of homicide charge. Because any type of homicide is a felony in Virginia, it carries with it significant jail time, together with other collateral consequences of a felony conviction. Student loans, Federal aid, State and Federal subsidies, your right to vote, your right to be on a jury, and your constitutional right to own a firearm will all be placed in jeopardy should a person become a "convicted felon".
It is critical that you immediately contact us so that we can speak with you about the particular facts of your case and assess what possible defenses may be raised which can reduce or potentially dismiss the charges pending against you. Please contact us at 703-542-4500 to schedule either a phone consultation or an in-person meeting in our Northern Virginia office.
