{"id":377019,"date":"2016-03-31T21:37:12","date_gmt":"2016-04-01T02:37:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-voluntary-manslaughter-law.html"},"modified":"2025-07-18T13:32:45","modified_gmt":"2025-07-18T18:32:45","slug":"virginia-voluntary-manslaughter-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-voluntary-manslaughter-law.html","title":{"rendered":"Virginia Voluntary Manslaughter Law"},"content":{"rendered":"\n
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Virginia Voluntary Manslaughter Law<\/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

The taking of a life is a serious offense. Virginia law divides the crime of homicide<\/a> into several offenses. These include categories for murder and manslaughter. Virginia breaks these crimes down further, with three types of murder and both voluntary and involuntary manslaughter.<\/blockquote>\r\n

Aggravated murder, along with first-degree murder<\/a> and second-degree murder, are the most serious criminal offenses. Manslaughter is a lesser offense, but it still carries severe penalties.<\/p>\r\n

This article examines how Virginia defines voluntary manslaughter and the potential penalties and defenses you may encounter. We’ve also included links to other helpful FindLaw articles at the bottom of this page.<\/p>\r\n

Murder vs. Manslaughter<\/b><\/h2>\r\n

In the Commonwealth of Virginia, the difference between murder and voluntary manslaughter is easy to define. Both involve the intentional killing of another human life. However, with voluntary manslaughter, the killer acts on impulse due to the heat of passion or provocation. This is why many attorneys refer to this type of case as a crime of passion.<\/p>\r\n

With a murder charge, the state must prove that the defendant committed an unlawful killing of another person with premeditation and reckless disregard for human life.<\/p>\r\n

Some voluntary manslaughter cases involve a defendant who acted in self-defense but overreacted and killed another person. Other cases involve a person who acted in the heat of passion<\/a>, such as when they lose control after walking in to discover their spouse having sexual relations with another person.<\/p>\r\n

To be guilty of voluntary manslaughter instead of murder, the court must find that a reasonable person would have acted in the same way as the defendant, given the circumstances. In addition, the defendant\u2019s reaction to kill must be instantaneous. If the person had time to cool off<\/a> before killing, they\u2019d likely face murder charges instead.<\/p>\r\n

Defenses to Voluntary Manslaughter Charges<\/b><\/h2>\r\n

When facing voluntary manslaughter charges, a criminal defense lawyer<\/a> must poke holes in the prosecution’s case. This is no different than when a defendant is facing other homicide charges. Some of the possible defenses<\/a> to the crime of voluntary manslaughter in Virginia include:<\/p>\r\n