Virginia First Degree Murder Laws and Sentences

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. It replaces what Virginia lawmakers used to refer to as capital murder.

Virginia lawmakers abolished the death penalty 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.

Virginia law distinguishes aggravated murder from the other two types of murder 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.

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’t qualify as aggravated or first-degree murder automatically default to second-degree murder.

This article explain Virginia’s first-degree murder 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.

First-Degree Murder vs. Second-Degree Murder

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.

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.

First-degree murder includes all killings that don’t qualify as aggravated murder and that involves the following:

• Poison
• Lying in wait
• Imprisonment
• Starving
• Willful, deliberate, and premeditated action

First-degree murder is a Class 2 felony, carrying a mandatory minimum sentence of 20 years to life and fines of up to $100,000.

The Virginia Code defines second-degree murder as all murders that do not meet the criteria for aggravated or first-degree murder. This definition states that second-degree murder includes all murders that aren’t aggravated or first-degree. It does not say that all killings are second-degree murder.

The state must prove that the defendant committed a murder, rather than manslaughter, to convict them of second-degree murder. Second-degree murder is a felony with a mandatory minimum prison sentence of five years. The maximum sentence can be up to 40 years.

Aggravated Murder in the Commonwealth of Virginia

As stated above, Virginia abolished the death penalty in 2021. Lawmakers created the crime of aggravated murder to take the place of capital murder. The penalty for this crime is life in prison without the possibility of parole.

Aggravated murder under Virginia Code involves the intentional, premeditated, and willful killing of another human being. A person can be guilty of this crime even if they didn’t kill anyone by their own hand. The state must only prove that the defendant engaged in an intentional, premeditated, and willful act that resulted in a death, such as hiring someone to kill a person.

Some examples for which the state can charge you with aggravated murder include:

• Death of a pregnant woman
• Death of a victim under 14 years of age (if the defendant is 21 years or older)
• Death of an employee at a local correctional facility by an inmate

In addition to the above crimes, a person is guilty of aggravated murder if someone dies during the commission of any of the offenses considered felony murder under Virginia law.

Aggravated murder is a Class 1 felony. The penalty for this crime is life imprisonment.

Murder vs. Manslaughter

Virginia law defines manslaughter as the killing of another human being without premeditation. Virginia breaks the crime of manslaughter into two types: voluntary manslaughter and involuntary manslaughter.

With voluntary manslaughter, the defendant intentionally kills the victim but does so as a result of extreme emotions. Many voluntary manslaughter cases involve heat of passion or provocation by the victim.

Involuntary manslaughter involves the unintentional killing of another person during an unlawful act, such as DUI or reckless driving. The underlying crime cannot be a felony. If the defendant was engaged in a felony at the time of the victim’s death, the state would charge them with first-degree murder under the felony murder rule.

The punishments for manslaughter are less severe than they are for first-degree murder. These penalties are as follows:

• Involuntary manslaughter: One to 10 years in state prison and a fine of up to $2,500
• Voluntary manslaughter: A minimum of one year to up to t10 years in state prison and a fine of up to $2,500

Virginia and the Felony Murder Rule

Like most other states, Virginia follows the felony murder rule. This rule states that a person is guilty of murder if anybody dies during the commission of a felony. Virginia treats felony murder as first-degree murder, which is a Class 2 felony.

A person may be guilty of felony murder in Virginia if a person dies during the commission of any of the following crimes:

• Rape/sexual assault
• Robbery/attempted robbery
• Attempted murder
• Abduction/kidnapping
• Act of terrorism
• Murder of a public official/law enforcement officer/police officer
• Murder of a child under 14 years of age
• Murder for hire
• Murder as part of a gang or crime organization
• Manufacturing a controlled substance

Virginia First-Degree Murder Laws and Sentences: Summary

Legal statutes are often difficult to parse. We’ve recapped important information on Virginia’s first-degree murder laws in plain English in the chart below.

Disclaimer: State laws are subject to change through new legislation, higher courts, and other means. While we strive to provide the most current information, consult a criminal defense attorney or conduct legal research to verify your state laws.

Facing First-Degree Murder Charges? Speak With an Attorney

If you’re facing murder charges in Virginia, the consequences are pretty severe. Retaining an experienced criminal defense lawyer will give you the best chance of securing an acquittal or favorable plea bargain.

Virginia First-Degree Murder Laws and Sentences: Related Resources

• Virginia Criminal Laws
• Virginia Criminal Statute of Limitations Laws
• Virginia Murder Laws
• First-Degree Murder Defenses
• First-Degree Murder Penalties and Sentencing