Virginia Voluntary Manslaughter Law

The taking of a life is a serious offense. Virginia law divides the crime of homicide 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.

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

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.

Murder vs. Manslaughter

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.

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.

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, such as when they lose control after walking in to discover their spouse having sexual relations with another person.

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’s reaction to kill must be instantaneous. If the person had time to cool off before killing, they’d likely face murder charges instead.

Defenses to Voluntary Manslaughter Charges

When facing voluntary manslaughter charges, a criminal defense lawyer 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 to the crime of voluntary manslaughter in Virginia include:

• Actual innocence
• Self-defense
• Insanity
• Accidental killing
• Involuntary intoxication

These defenses apply to most crimes against the person.

Virginia Voluntary Manslaughter Laws: Summary

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

Disclaimer: State laws change frequently due to new legislation, higher court rulings, etc. FindLaw strives to provide the most current information. However, you should consult a criminal defense attorney or conduct further research to confirm Virginia laws.

A Virginia Criminal Defense Lawyer Can Help

If you’re facing felony charges in Virginia, consider contacting an experienced criminal defense attorney sooner rather than later after your arrest. An attorney will help craft a strong defense strategy that pokes holes in the prosecutor’s case. They’ll work hard to earn an acquittal and, if not, will try to negotiate a favorable plea bargain.

Related FindLaw Resources

• Voluntary Manslaughter Defenses
• Voluntary Manslaughter Penalties and Sentences
• Involuntary Manslaughter Charges
• Aggravated Involuntary Manslaughter
• Capital Murder in Virginia
• Felony Murder