Virginia Murder Laws

Anytime someone takes another human life, it qualifies as a homicide. The most serious type of homicide is murder. What distinguishes murder from other homicides, such as manslaughter and vehicular homicide, is that it involves premeditation and intent.

Virginia law recognizes three classes of murder: aggravated murder, first-degree murder, and second-degree murder. Until 2021, Virginia had capital murder on the books. The governor passed House Bill 2263 on March 24 of that year, which abolished the death penalty in the state of Virginia.

Virginia criminal code now refers to crimes that used to qualify for the death penalty as aggravated murder. The most severe punishment for this crime is life imprisonment without the possibility of parole.

This article examines and explains Virginia’s murder laws, including the penalties and possible defenses. If you’re facing murder charges, it’s a good idea to contact an experienced Virginia criminal defense lawyer. We’ve also provided links to related FindLaw articles for further research at the bottom of this page.

Aggravated Murder

As mentioned above, Virginia refers to crimes that once qualified as capital murder as aggravated murder. The Code of Virginia describes the specific elements of aggravated murder.

Examples of aggravated murder in the Commonwealth of Virginia include, but are not limited to:

• Murder for hire
• Murder of a pregnant woman
• Murder of anyone during an act of terrorism
• Murder of a law enforcement officer/police officer
• Murder by a prisoner of a correctional facility employee
• Multiple murders
• Murder arising from a drug crime
• Murder of a child younger than 14 years old by someone 21 years or older

The penalty for aggravated murder is life in prison. Your attorney can submit evidence of mitigating factors to attempt to convince the judge to issue a lesser sentence.

First-Degree Murder

Virginia state law defines first-degree murder as killing another by poison after premeditation and malice aforethought. This means planning the murder and following through with the intent to kill.

The Virginia Code defines first-degree murder as any willful, deliberate, and intentional killing that involves the following:

• Lying in wait
• Imprisonment
• Starving

Virginia also follows the felony murder rule, which dictates that anybody who kills someone during the attempt, commission, or escape of a serious crime can be guilty of first-degree murder. The serious crimes that qualify for felony homicide include, but are not limited to, the following:

• Arson
• Rape
• Forcible sodomy
• Sexual penetration using an inanimate or animate object
• Robbery
• Burglary
• Kidnapping

A person can be guilty of felony homicide even if their actions caused an accidental killing. For example, if a defendant killed a clerk and a coconspirator while robbing a bank, they will face either felony homicide or first-degree murder, depending on the facts of the criminal case.

Virginia’s Second-Degree Murder Laws: Summary

Virginia law deems all unlawful killings that do not qualify as aggravated or first-degree murder as second-degree murder. Second-degree murder is punishable by a minimum of five to 40 years in prison. This includes felony murder.

The following table highlights the main provisions of Virginia’s murder laws.

Disclaimer: State laws change frequently. For information regarding Virginia’s murder laws, contact a local criminal defense lawyer.

Facing Murder Charges in Virginia? Get Legal Help From an Attorney

Murder charges are severe and can land you in prison for the rest of your life. It’s best to contact a skilled Virginia criminal defense attorney as soon as possible after your arrest.

An attorney can explain how Virginia murder laws apply to your case, inform you of possible defenses, and represent you in court. They’ll work hard to either achieve an acquittal or negotiate a favorable plea bargain.

Related FindLaw Resources

• Voluntary Manslaughter
• Involuntary Manslaughter
• First Degree Murder Defenses
• First Degree Murder Penalties and Sentencing