Murder

Facing a murder charge potentially means spending the rest of your life in jail or worse, facing the death penalty. You need an experienced attorney who will listen to your side of the story and will know what to expect at trial.

Murder at common law, used to refer to the killing of another person with “malice aforethought”, but it has been further categorized into varying degree of seriousness depending on the specific act. In Virginia there are six main types of murder charges:

CAPITAL MURDER:

Capital Murder is defined as a deliberate and willful killing that occurs during the following circumstances:

  • Abducting someone to extort money, defile the victim, or obtain any other pecuniary benefit.

  • Acting as a hired killer.

  • Whilst being a prisoner of a state or local correctional facility or in the custody of an employee of one of these facilities.

  • Committing a robbery or attempting robbery.

  • Killing during Rape, forcible sodomy, object sexual penetration, or any attempts of one of these crimes.

  • Killing of a specified law enforcement officer or fire marshal (as outlined in the statute).

  • Killing more than one person in a single criminal act.

  • Killing more than one person during a three-year period.

  • Killing a pregnant woman with prior knowledge that the woman was pregnant and with the intent to cause the involuntary termination of her pregnancy.

  • Being 21 years or older and killing someone under the age of 14 years.

  • Killing that occurs during the commission of or attempted commission of an act of terrorism.

  • The murder victim was a judge at the Supreme Court, Court of Appeals, circuit court, or district court.

  • Killing a witness in a criminal proceeding after the witness received a subpoena for the purpose of interfering with that witnesses’s duties in the case.

Capital murder is one of the most serious murder charges in Virginia and it is not to be taken lightly as it carries the most serious penalty as well: death.

FIRST-DEGREE MURDER

In Virginia, first-degree murder generally refers to any willful, deliberate, and premeditated killing of another person. This includes killing during certain crimes such as Rape, Robbery, Burglary, or Arson and any killing involving poison, starvation, or lying in wait. First-Degree Murder is punishable by 20 years of imprisonment at the minimum and a life sentence at the maximum. Further, the charge also carries a potential fine of up to $100,000.

SECOND-DEGREE MURDER

Second-Degree murder is the residual catch all category of any murder that does not fall into either the first-degree or capital murder categories. Second-Degree Murder is punishable by a minimum of 5 years incarceration with a maximum of 40 years.

VOLUNTARY MANSLAUGHTER

Voluntary Manslaughter is considered to be the “heat of passion” murder offense. It is generally viewed as an intentional killing but one that occurred during mutual combat or through a heat of passion induced by any reasonable provocation (e.x. catching your spouse having an affair). Voluntary Manslaughter is a Class 5 Felony, which means it is punishable by up to 10 years in prison or a fine of $2,500.

INVOLUNTARY MANSLAUGHTER

Involuntary Manslaughter is, by virtue of its name, the opposite of voluntary manslaughter. This charge is also classified as a Class 5 Felony and generally refers to the unintentional killing of another person, the classic example being driving while intoxicated. However, depending on the circumstances, if a Judge finds the conduct shows a reckless disregard for human life, involuntary manslaughter may be upgraded to aggravated involuntary manslaughter, which carries a mandatory minimum of a year in prison with up to twenty years incarceration as the maximum penalty.

FELONY MURDER

Felony Murder is an unintentional killing that occurs during a commission of a felony that is not outlined in Virginia’s capital murder and first-degree murder statutes. If Felony-Murder is found to have occurred, it is treated as if the conduct was second degree murder and carries the same charges as well.

When facing any of these types of charges, you need experienced attorney’s who know how to handle all aspects of cases like these, and who can guide you through what you’re facing. The attorneys at Petrovich & Walsh, PLC have tried a substantial amount of murder cases of all types and have extensive experience in defending and obtaining the best outcome possible for their clients.