Murder in Virginia law

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Murder in Virginia law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Virginia.

Contents

The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate slightly below the median for the entire country. [1]

Felony murder rule

In the state of Virginia, the common law felony murder rule is codified at Code of Virginia §§ 18.2-32, 18.2-33. [2] This rule provides that anyone who kills another human being during the perpetration or attempted perpetration of arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction is guilty of first degree murder. [3]

Penalties

OffenseMandatory sentencing
Involuntary manslaughter Up to 10 years in prison
Voluntary manslaughter
Second-degree murder5 to 40 years in prison [4]
Felony murder
First-degree murder Minimum of 20 years and maximum of life in prison (prisoners are eligible for geriatric parole when they turn 60; eligible for parole after 20 years if the defendant was a juvenile)
Aggravated murderLife without parole (ineligible for geriatric parole; eligible for parole after 20 years if the defendant was a juvenile)

(Judge can use discretion to suspend portion of life sentence unless the victim was a police officer)

See also

References

  1. "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
  2. "18.2-33. Felony homicide defined; punishment".
  3. "Code of Virginia § 18.2-32" . Retrieved March 6, 2012.
  4. "First and second degree murder defined; punishment" . Retrieved August 1, 2012.