Virginia Second Degree Murder Laws

Second-degree murder is just one form of homicide in the Commonwealth of Virginia. The other types of criminal homicide include:

• Aggravated murder
• First-degree murder
• Voluntary manslaughter
• Involuntary manslaughter

When it comes to degrees of murder, the law in Virginia is very clear. Any murder that doesn’t qualify as aggravated murder or first-degree murder is second-degree murder. In this way, the charge of second-degree murder serves as a “catch-all.”

Since the penalties for first-degree and aggravated murder are so much more severe than they are for second-degree murder, defense attorneys will often try to convince the prosecutor to reduce their client’s charges to second-degree murder.

Here, we’ll explain how second-degree laws work in the Commonwealth of Virginia, including the penalties and common defenses. If you’re facing second-degree murder charges or any other criminal charge, contact a local criminal defense lawyer as soon as possible. They can protect your constitutional rights and help you build a defense strategy.

Virginia Second-Degree Murder Laws at a Glance

Although the Virginia Code clearly distinguishes between first-degree murder and second-degree murder, it doesn’t provide much clarification. The chart below provides an overview of Virginia’s second-degree murder laws.

Key Differences Between First-Degree Murder and Second-Degree Murder in Virginia

Whether a person faces first-degree or second-degree murder charges depends on the facts of the case and what the state prosecutor can prove. For a first-degree murder conviction, the state must prove the defendant committed a willful, premeditated, and deliberate killing of another human being.

If the state cannot prove premeditation, the prosecutor will likely reduce the charges to second-degree murder.

While both of these are serious crimes, the penalties vary greatly. A defendant is much better off facing second-degree murder charges than aggravated murder or first-degree murder charges.

What is Aggravated Murder Under Virginia Law?

Until March 2021, Virginia had the death penalty for convictions of capital murder. When lawmakers abolished the death penalty in March 2021, the Virginia Code converted what used to be capital murder into a new charge called aggravated murder, which is a Class 1 felony.

The elements of aggravated murder are almost the same as they were for capital murder. For the state to secure an aggravated murder conviction, it must prove that specific facts exist.

According to Virginia Code Section 18.2-31, the state must prove that the case meets one of the following criteria to convict someone of aggravated murder, a Class 1 felony.

1. If the victim must belong to one of the following groups:

• Law enforcement officer or police officer
• Judge
• Witness in a criminal case
• Pregnant woman (with the intent to terminate the pregnancy)
• Child under the age of 14 (if the defendant is at least 21 years old)

2. If the defendant caused the death of another human being during the commission or attempt to commit the following felonies:

• Robbery
• Rape
• Abduction/kidnapping

3. Other specific aggravating factors exist, including but not limited to:

• The defendant has committed multiple murders over the prior three-year period
• The method of death was extremely brutal and cruel, such as torture
• The killing was carried out as a murder for hire
• The murder was part of an act of terrorism (or attempted terrorism)

Note: Other first-degree murders, including first-degree felony homicide, qualify as Class 2 felonies.

Felony Murder

In many states, prosecutors can pursue felony murder charges if someone dies while the defendant commits, attempts to commit, or flees from committing a felony. Even if the defendant did not intend to kill anyone. Most jurisdictions treat felony murder as murder of the first degree, and the two crimes share the same penalties.

Virginia law treats felony murder a bit differently. Killing someone during the commission of one of the following felonies is considered first-degree murder:

• Arson
• Rape
• Forcible sodomy
• Robbery
• Burglary
• Abduction

This is similar to the felony murder rule in most states. However, Virginia also has a separate charge for felony homicide.

If a defendant accidentally kills someone during the commission of any non-murder felony, they can be charged with felony homicide. It is a second-degree murder charge punishable by up to 40 years in prison.

For example, let’s say a person robs a bank. And during the getaway, they clip a bicyclist with their car, and the bicyclist dies. The robber can be charged with second-degree murder under Virginia’s felony homicide statute.

Penalties for Aggravated Murder, First-Degree Murder, and Second-Degree Murder

If you’re dealing with a criminal case in Virginia, you should understand the differences between first-degree murder and second-degree murder. The penalties for these crimes vary significantly:

• A person found guilty of first-degree murder in Virginia faces a minimum sentence of 20 years.
• The minimum sentence for second-degree murder is only five years.

The maximum sentences for these crimes are significantly different as well. Anybody who intentionally kills another human being is going to face severe consequences. However, a person guilty of second-degree murder has a much bigger chance of getting out of prison at some point as compared to someone with a first-degree murder conviction.

• The maximum sentence for first-degree murder and aggravated murder is life imprisonment.
• The maximum sentence for murder in the second degree is only 40 years.

That still sounds like a long time. However, at least with a second-degree murder conviction, a defendant has the chance to get out of prison at some point. That isn’t the case for aggravated murder and may not be the case for people guilty of first-degree murder.

Get Legal Help for Your Virginia Second-Degree Murder Case

If you’re facing any type of murder charge in Virginia, you should understand that your freedom is at risk. Regardless of whether you’re guilty of first-degree murder or second-degree murder, a conviction carries a lengthy prison sentence.

To improve your chances of an acquittal or favorable plea bargain, you should retain an experienced Virginia criminal defense lawyer. Experienced criminal defense attorneys have experience handling second-degree murder cases and will help achieve the best possible outcome.