West Virginia Murder Laws

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.

Here, we’ll explain West Virginia’s murder laws, including the legal definitions for each homicide offense, the relevant statutes, and penalties.

If you’re facing criminal charges, 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 to handle their case. However, it’s still a good idea to know what to expect in the coming months.

West Virginia’s Murder Laws at a Glance

The following table outlines West Virginia’s murder laws, including first-degree and second-degree murder. These laws are under West Virginia Code Chapter 61 2-1 and 2-3.

How Does West Virginia Law Define Homicide?

Criminal homicide is any unlawful killing of one human being by another. Like most other states, the state of West Virginia divides the crime of homicide into separate offenses. First and second-degree murder are the most serious of these crimes.

• First-degree murder is any willful, deliberate, and premeditated killing of another human being. It also covers felony murder.
• Second-degree murder covers all murders that are not classified as first-degree.

Second-degree murder lacks premeditation, but still requires "malice." This can mean intent to kill, or do serious bodily harm, or acting with a "depraved heart." This generally means a reckless disregard for human life.

For example, let’s say Jordan and Jamie are out on a hike. They get into an argument. Jordan punches Jamie in the face. In a fit of rage, Jamie pushes Jordan off a cliff. Prosecutors would likely argue that Jamie intended to kill Jordan or do serious bodily harm (even if they didn’t plan to do so beforehand) and bring second-degree murder charges.

West Virginia law also criminalizes manslaughter. These are cases where the defendant didn’t intend to kill the victim but acted recklessly or in a sudden heat of passion. They lack the element of "malice" found in murder cases.

West Virginia’s Felony Murder Rule

Under the felony murder rule, the state can charge a person with murder if they cause anyone’s death while committing or fleeing from a felony. It holds co-conspirators responsible for the actions of others involved in the crime.

Currently, 47 states, as well as Washington, D.C., and the federal government, have felony murder laws. More than half of these states consider felony murder a capital offense.

West Virginia follows the felony murder rule. However, since the state abolished the death penalty in 1965, felony murder is not a capital crime there.

Penalties for Murder in West Virginia

First-degree murder carries a penalty of life imprisonment. In some cases, there is no possibility of parole.

Although the crime of second-degree murder is less serious than first-degree murder, the crime still carries stiff penalties, including up to 40 years in the state penitentiary.

Felony murder qualifies as first-degree murder and carries a potential penalty of life imprisonment.

Contact an Experienced West Virginia Criminal Defense Attorney for Help

If you or a loved one is facing a murder charge or any other criminal charge, consult an experienced criminal defense lawyer as soon as possible after your arrest. It will take your attorney time to prepare a strong defense and poke holes in the state’s case.

With so much at risk, you should not handle this alone. A felony conviction carries severe penalties, including a lengthy prison sentence. Your attorney will work hard to achieve an acquittal or, at the very least, negotiate a favorable plea bargain on your behalf.