{"id":376955,"date":"2018-05-18T11:46:39","date_gmt":"2018-05-18T16:46:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-first-degree-murder-laws.html"},"modified":"2025-07-14T14:49:04","modified_gmt":"2025-07-14T19:49:04","slug":"virginia-first-degree-murder-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-first-degree-murder-laws.html","title":{"rendered":"Virginia First Degree Murder Laws and Sentences"},"content":{"rendered":"\n
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Virginia First Degree Murder Laws and Sentences<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

There are three types of murder in the Commonwealth of Virginia – aggravated murder, first-degree murder, and second-degree murder. Aggravated murder is the most serious of these crimes against the person<\/a>. It replaces what Virginia lawmakers used to refer to as capital murder.<\/p>\r\n

Virginia lawmakers abolished the death penalty<\/a> in 2021. At that time, they created a new category of murder called aggravated murder. This crime is a Class 1 felony and has a mandatory minimum sentence of life imprisonment.<\/p>\r\n

Virginia law distinguishes aggravated murder from the other two types of murder<\/a> because of the depravity and coldhearted nature of the crime. First-degree murder is still a very serious crime with severe penalties. Unlike offenders guilty of aggravated murder, people convicted of first-degree murder may have a chance of parole.<\/p>\r\n

Virginia is similar to other states in that it has first-degree and second-degree murder. The law is simple in that all murder charges that don\u2019t qualify as aggravated or first-degree murder automatically default to second-degree murder<\/a>.<\/p>\r\n

This article explain Virginia\u2019s first-degree murder<\/a> laws, including the penalties for this crime you may encounter if dealing with a criminal case. For additional research, we’ve included FindLaw articles on other relevant topics at the bottom of the page.<\/p>\r\n

First-Degree Murder vs. Second-Degree Murder<\/b><\/h2>\r\n

First-degree murder is only one type of homicide in Virginia. It’s important to understand how it differs from second-degree murder, although both are serious crimes.<\/p>\r\n

The easiest way to distinguish between first-degree and second-degree murder is to examine the intent of the defendant. With first-degree murder, the offender intended to kill the victim and spent time planning it out. For the state to convict someone of this type of murder charge, the state must prove that the defendant carried out an intentional killing of another human being with premeditation and malice aforethought.<\/p>\r\n

First-degree murder includes all killings that don\u2019t qualify as aggravated murder<\/a> and that involves the following:<\/p>\r\n