{"id":377234,"date":"2016-04-11T01:24:14","date_gmt":"2016-04-11T06:24:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-murder-laws.html"},"modified":"2025-06-20T11:23:49","modified_gmt":"2025-06-20T16:23:49","slug":"west-virginia-murder-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-murder-laws.html","title":{"rendered":"West Virginia Murder Laws"},"content":{"rendered":"\n
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West Virginia Murder Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\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

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West Virginia’s murder laws classify serious homicides into first-degree and second-degree murder based on the level of premeditation and malice involved. First-degree murder involves willful, deliberate, and premeditated killing or felony murder. Second-degree murder includes killings without premeditation but with malice, such as \u201cdepraved heart\u201d murder.<\/p>\n\n <\/div>\n\n

When it comes to murder, West Virginia is similar to many other jurisdictions. The West Virginia Code classifies the crime of homicide into various degrees of murder and manslaughter. The law also distinguishes between voluntary manslaughter and involuntary manslaughter<\/a>.<\/p>\r\n

Here, we\u2019ll explain West Virginia\u2019s murder laws, including the legal definitions for each homicide offense<\/a>, the relevant statutes, and penalties.<\/p>\r\n

If you\u2019re facing criminal charges<\/a>, you should familiarize yourself with West Virginia’s criminal justice system and the potential penalties for a conviction. Most people facing felony charges retain a seasoned criminal defense attorney<\/a> to handle their case. However, it\u2019s still a good idea to know what to expect in the coming months.<\/p>\r\n

West Virginia\u2019s Murder Laws at a Glance<\/b><\/h2>\r\n

The following table outlines West Virginia’s murder laws, including first-degree and second-degree murder. These laws are under West Virginia Code<\/a> Chapter 61 2-1 and 2-3.<\/p>\r\n\r\n

Code Sections<\/b><\/p>\r\n<\/td>\r\n

W. VA. CODE \u00a7\u00a7 61-2-1<\/a> and 61-2-3<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Definitions<\/b><\/p>\r\n<\/td>\r\n

First-degree murder involves the willful, deliberate, and premeditated killing of another person. Second-degree murder encompasses all murders that do not qualify as first-degree murder<\/a>.<\/p>\r\n<\/td>\r\n<\/tr>

Penalties<\/b><\/p>\r\n<\/td>\r\n

Murder charges are felonies. First-degree murder is punishable by life imprisonment. Second-degree murder carries a penalty of up to 40 years in state prison.<\/p>\r\n<\/td>\r\n<\/tr>

Defenses<\/b><\/p>\r\n<\/td>\r\n

There are several defenses to murder<\/a> in West Virginia, including:<\/p>\r\n