Virginia Beach Murder Attorney

Types of Murder

In Virginia, there are three classes of murder: capital murder, first-degree murder, and second-degree murder. As the most serious crime you can commit, capital murder is defined as the deliberate, willful, and premeditated killing of another person. This type of murder is punishable by the death penalty. However, if the defendant is under 18 years of age, then they could be sentenced to life imprisonment and pay a fine of up to $100,000.

In order for a murder to be considered as “capital,” any one of these specific circumstances must be met:

• Murder of a law enforcement officer or firefighter on duty
• Murder for hire
• Murder of a child younger than 14 years old (if the defendant is 21 years or older)
• Multiple murders
• Murder derived from a drug distribution crime
• Murder by a prisoner
• Murder a woman with the knowledge that she’s pregnant
• Murder a witness to prevent him or her from testifying in a criminal case
• Murder a judge to prevent him or her from performing their duty

First-degree murder is similar to capital murder, in regards to the willful, deliberate and premeditated motive behind the crime. It is considered a Class 2 felony, punishable by a prison sentence between 20 years and life, including a fine of up to $100,000.

In order for a murder to be considered as “first-degree,” any one of these specific circumstances must be met:

• Murder another person by poison
• Murder another person lying in wait
• Murder another person by imprisoning him or her
• Murder another person by starving them
• Murder another person during the commission or attempt of a particular felony
  • Such as arson, rape, forcible sodomy, inanimate or animate object sexual penetration, burglary, robbery, or abduction

The least serious murder charge is second-degree murder, since it typically occurs during the heat of a moment without premeditation or planning, but with malice aforethought. A conviction for second-degree murder is punishable by a prison sentence between five to 40 years and a fine of up to $100,000.