Violent crimes involve the application of threats of force or force to harm alleged victims or put them into a position where they fear for their safety. You do not need a weapon to commit the offense. Generally, police officers rush to resolve these crimes and do not complete investigations, leading to innocent individuals being found guilty. Police officers can also take statements from witnesses who could be lying or mistaken. Virginia Criminal Attorney brings many years of experience serving Northern Virginia and Fairfax communities, a track record of success, and proven legal skills that can aggressively protect your legal rights throughout the case. We can partner with you to collect and analyze evidence and build viable defenses to achieve the best possible case outcome.

Homicide Laws

Homicide is classified into five categories, including capital murder, second-degree murder, first-degree murder, involuntary manslaughter, and voluntary manslaughter. Capital murder is the most severe, while manslaughter is the least serious offense.

The variation between manslaughter and murder is malice. If a killing occurred without malice, the crime is manslaughter. Malice is the deliberate doing of wrongful conduct against another person and can originate from revenge, hatred, or anger.

Capital Murder Under Section 18.2-31

There are various crimes that the law considers capital murder. A conviction for capital murder occurs if you deliberately, intentionally, and with premeditation:

  • Kill a person during a kidnapping or abduction intending to extort funds or defile your victim
  • Hire a person to kill somebody else, and the person is killed
  • Kill a person while committing a robbery or attempted robbery
  • Kill a person after or during rape, using an object while engaging in sexual penetration, or forcible sodomy.
  • Kill at least one individual during a transaction or criminal act
  • Kill more than two individuals within three years
  • Kill an expectant mother when you know the woman is pregnant and seeks to abort the fetus
  • Kill a person below 14 when you are above 21
  • Kill a judge to interfere with the dispensation of their official duties

Capital murder is a Class 1 felony, and if you are above 18 years and mentally fit, you risk a conviction for a felony, a fine of $100,000, and life or death imprisonment.

First-Degree Murder Under Section 18.2-32

You are guilty of first-degree murder if you kill someone else using a technique not stated in the capital murder Virginia Code, including:

  • Starvation, imprisonment, laying in wait, or poison
  • Premeditated, deliberate, or intentional killing
  • While attempting or committing burglary, robbery, abduction, sexual penetration with an object, forcible sodomy, or rape

While the third element seems identical to certain capital murder regulations, the variation is that in capital murder, the killing should be premeditated, deliberate, and intentional, even if the killing happens during the commission of another crime. On the contrary, murder in the first degree does not need deliberate, wilful, or premeditation.

First-degree murder under Section 18.2-32 is a Class 2 felony punishable by a $100,000 fine and twenty years to life in prison.

Second-Degree Murder Under Section 18.2-32

All murders other than first-degree murder and capital murder are second-degree murder. A conviction attracts 5 to 40 years in a state correctional facility.

Involuntary Manslaughter and Voluntary Manslaughter

Voluntary manslaughter under Section 18.2-35 is non-malicious, intentional homicide that occurs in sudden mutual combat or due to the heat of passion following a provocation.

On the other hand, involuntary manslaughter per Section 18.2-36 is killing another person unintentionally. A perfect example of involuntary manslaughter is when a person causes somebody else’s death due to driving under the influence.

Both manslaughter crimes are Class 5 felonies punishable by ten years in prison. The court can reduce the penalties to a year in jail and $2,500 in fines.

Assault and Battery against a Family or Household Member Per Section 18.2.57.2

Assault occurs when you engage in overt conduct intending to put the alleged victim in reasonable fear of bodily injury and create fear in the alleged victim. Battery, conversely, is the unlawful or willful touching of somebody else. Physical touching must not result in injury and may include touching done in the spirit of insult or rudeness. Accidental physical touching is not battery, provided you did not do it recklessly.

According to this statute, a family member could include the following:

  • Your spouse, whether you live with them in the same house or not
  • Your former partner, regardless of whether you reside with them in the same house
  • Your parents, stepparents, stepchildren, children, siblings, half-siblings, grandchildren, and grandparents, irrespective of whether you live with them in the same home.
  • Your in-laws, irrespective of whether you live with them in the same house or not
  • A person with whom you have a child, irrespective of whether you have been married or have lived together for any duration.

The criminal penalties and consequences for violating assault and battery against a family or household member per Section 18.2.57.2, vary depending on many factors, including your criminal history.

Generally, assault and battery against a family member is a Class 1 misdemeanor, punishable by a year in jail. A second crime within twenty years is a Class 6 felony that attracts an imprisonment of five years.

When police issue a warrant for assault and battery against a family or household member, the magistrate should grant an emergency order of protection unless the defendant is below 18. Violating the protective order is a Class 1 misdemeanor that carries a year in jail.

Burglary Criminal Charges

The law classifies burglary into two types: statutory and common law burglary.

Common law burglary entails unlawful entry into somebody else's house or dwelling at night (30 minutes to sunrise or 30 minutes following sunset), intending to steal something or commit a Virginia felony. The crime is a class 3 felony with 20 years of incarceration and a fine of $100,000 as punishment.

Statutory burglary is divided into three forms depending on the intent of the conduct. These types are as follows:

  • Statutory burglary intending to engage in rape, arson, murder, or robbery — The crime is punishable by a maximum of 20 years in prison and $100,000 in fine.
  • Statutory burglary intending to engage in felonies like larceny and assault and battery — A conviction attracts $2,500 in fine and up to 20 years in prison
  • Statutory burglary intending to commit a less violent misdemeanor

Some of the legal strategies you can use to fight burglary criminal charges include the following:

  • Absence of intent
  • You are a victim of mistaken identity
  • The owner had permitted you to enter their house or dwelling

Kidnapping and Abduction Under Section 18.2-47

Kidnapping and abduction under Section 18.2-47 defines kidnapping as taking another individual without a legally justifiable excuse with the motive to deny them freedom or to conceal them from their parents or guardians. It can also include taking another individual without lawful justification to subject them to forced labor.

Kidnapping penalties vary based on the circumstances of the case.

The different classifications of kidnapping include the following:

  • The kidnapping of an underage minor is a Class 2 felony
  • The kidnapping of an underage child or another relative or by a parent with visitation rights or custody is a Class 1 misdemeanor.
  • The kidnapping of another person is a Class 5 felony.
  • The kidnapping of a child by a parent with visitation rights or custody and who illegally removes a minor from Virginia is a Class 6 felony.

Class 2 felonies attract up to 20 years to life imprisonment and maximum fines of $100,000. Suppose you are convicted of another crime other than extortion of money or other pecuniary gain. In that case, you will receive a suspended sentence of at least 40 years in addition to their active sentence if it does not include a punishment of life imprisonment.

Malicious and Unlawful Wounding and Bodily Injury Under Section 18.2-51

Malicious and unlawful wounding and bodily injury under Section 18.2-51 categorizes unlawful wounding as a form of aggravated assault. The prosecutor can file malicious and unlawful wounding and bodily injury charges against you after willfully injuring another individual by stabbing, cutting, shooting, or wounding them with the intent to inflict serious injury.

If you commit the crime maliciously, you will face a Class 3 felony. Otherwise, the offense is charged as a Class 6 felony that attracts a maximum of five years in jail and fines not exceeding $2,500.

Strangulation Under Section 18.2-51.6

You can face criminal prosecution for strangulation if you intentionally and illegally apply pressure to another individual’s neck against their will, impeding breathing and blood circulation and resulting in an injury.

Strangulation is prosecuted as a Class 6 felony. It carries a prison term of one to five years, fines not exceeding $2,500, or both. The judge or jury can reduce your imprisonment to 12 months and a maximum fine of $2,500. A conviction for strangulation also leads to a criminal record, impacting your future work prospects, ability to gain housing, and other essential services.

Assault and Battery Under Section 18.2-57

Virginia law defines assault and battery as physical contact with another individual with the motive to inflict bodily injury. Additionally, simple assault happens after a person threatens to inflict physical injury on another individual or tries to physically injure them without making contact with the alleged victim.

You will face a Class 1 misdemeanor if you commit assault and battery or simple battery and if you deliberately choose your victim based on their religious beliefs, sexual orientation, national origin, gender identity, disability, gender, or race. The penalty after a conviction includes six months of incarceration.

Suppose you inflict bodily injury to the assault and battery victim based on their religious beliefs, sexual orientation, national origin, gender identity, disability, gender, or race. In that case, you will face a Class 6 felony. The crime carries six months of incarceration.

Carjacking Under Section 18.2-58.1

According to carjacking under Section 18.2-58.1, carjacking is the intentional seizure or seizure of control of a vehicle from another individual using intimidation or force to temporarily or permanently deprive the person of the possession of the motor vehicle.

Before the judge convicts a defendant of carjacking, the prosecutor must prove the following elements of the crime:

  • The accused took possession of the car from the victim
  • The defendant took the car without the victim’s consent
  • The accused used or threatened to use violence or force
  • The defendant intended to temporarily or permanently deprive the victim of the automobile.

Carjacking is a Virginia felony. A conviction attracts a prison sentence of 15 years to life, including other substantial fines.

Robbery Per Section 18.2-58

Robbery is taking property or an item that belongs to another person using force (violence) or intimidation and with the intent of permanently depriving them of the item’s ownership or use.

For an offense to be considered robbery, it must meet the following elements:

  • Taking of the item or property — Taking possession of an item belonging to another individual means gaining the item’s control and moving it some distance, no matter how short. The taking should be with a permanent motive to deprive the alleged victim of its benefits or use of the property.
  • The property belongs to another person — The ownership of the property is proven to be the alleged victim’s. A property belonging to another individual does not always mean that the individual must physically hold on to the item as long as they can control it.
  • Taking an item from an alleged victim’s presence — For an offense to meet the threshold of robbery, the defendant should have removed the item from the alleged victim’s possession using force. If, at the time of the criminal incident, the alleged victim had no physical possession of the property but was near the item to have control, the law considers removing the property from the victim’s presence.
  • Taking the item without the owner’s consent — The phrase “against a person’s consent” means that the alleged victim did not willingly hand over their belongings to the accused. The alleged victim should willingly consent without any threats before handing over control of their property. The victim should clearly understand that they were handing over control of their property.
  • Presence of intimidation or violence (force) — The presence of force sets robbery apart from other crimes. During a robbery, the suspect must use physical violence or force with the view of harming the alleged victim. The use of violence inflicts fear on the alleged victim because of the concern for their life and safety. Threats or use of violence can include striking, suffocating, hitting, partial strangling, or any other type of assault on the alleged victim. Robbery could also be committed using a lethal weapon, including a firearm, to impose fear on the alleged victim, making them surrender their property.

There are two categories of robbery in Virginia, including the following:

First-Degree Robbery

The prosecution team will charge you with first-degree robbery if, during the alleged incident, there was the use of excessive force or threats against the alleged victim using a deadly weapon like a gun. The alleged victim could have been at their home or workstation. Based on the count of alleged victims and the accused’s criminal record, a conviction is punishable by 10 years to life in prison.

Second-Degree Robbery

A charge of second-degree occurs if the defendant subjected the alleged victim to fear of inflicting bodily harm. A charge of second-degree robbery also occurs if you administered electric shock or drugs to disable the alleged victim.

The law considers this crime less serious than first-degree robbery and attracts up to five years in jail.

Acts of Terrorism Under Section 18.2-46.4

The legal phrase “act of terrorism” implies conduct that would be an act of violence if you commit it within the state intending to intimidate the population at large or influence the activities or conduct of a government, including local, state, or federal government, through intimidation.

A weapon of terrorism is a broad term that refers to different devices and materials if used with the motive to inflict injury, harm, or death. The weapons of terrorism must discharge the following:

  • Biological substances infectious in nature
  • Poisonous substances
  • Radioactive substances

Abetting or Committing Acts of Terrorism under Section 18.2-46.5

Abetting or committing acts of terrorism under Section 18.2-46.5 outlaws conspiring or committing acts of terrorism. The section also forbids individuals from aiding and abetting acts of terrorism.

The most serious violations are prosecuted as Class 2 felonies. A conviction for this crime attracts a maximum fine of $100,000 and a prison term of 20 years to life.

A less serious abetting or committing acts of terrorism under Section 18.2-46.5 violation is prosecuted as a Class 3 felony. A conviction carries a prison term of five to 20 years and a fine of up to $100,000.

Possession or Manufacturing Weapons of Terrorism Under Section 18.2-46.6

The law prohibits any individual from possessing, manufacturing, using, giving, or distributing:

  • Weapons of terrorism
  • Explosive materials
  • Fire bombs
  • Hoax explosive devices

Committing this crime with the motive to engage in the act of terrorism results in a Class 2 felony. Nevertheless, if the crime involves an imitation weapon of terrorism or a similar device, it becomes a Class 3 felony. In both scenarios, you will spend a prison term of five to 20 years and pay a fine of up to $100,000

Gang Crimes Under Section 18.2-46.1

Gang crimes under Section 18.2-46.1 define a criminal street gang as an ongoing group, club, organization, or association of three or more individuals with:

  • The primary purpose or objective of committing criminal activity or activities
  • A recognizable name, signs, colors, or symbols
  • Members who separately or collectively commit or have committed a pattern of criminal gang activity

Gang participation crimes are classified into two categories: active participation and recruitment.

Active Gang Participation

To secure a conviction for this violation, the prosecution team has to prove that the accused:

  • Actively commits or is a member of a criminal street gang
  • Knows that the criminal street gang members commit or have committed a pattern of criminal gang activity.
  • Willfully encourages, furthers, or helps the gang commit criminal activity

A misdemeanor conviction for gang participation carries a fine not exceeding $2,500 and a prison term of 12 months.

Felony gang participation is a Class 5 felony. It carries a maximum imprisonment of 10 years and fines not exceeding $2,500.

Recruitment Category

Virginia law makes it a crime to recruit people into a criminal street gang. The crime of recruitment can occur through intimidation, force, or threats of violence. The prosecution can charge the defendant with either a felony or a misdemeanor based on the circumstances of the case.

The recruitment of a minor into a criminal gang is a Class 6 felony, attracting a maximum prison sentence of 5 years and a fine not exceeding $2,500. If you recruit a person through violence or intimidation, the crime becomes a Class 5 felony.

Find Qualified and Knowledgeable Legal Representation Near Me

You should not take your violent crime charges lightly. The charges could result in life-altering penalties like heavy fines and lengthy incarceration. To effectively fight the accusations against you, it is wise to consult a lawyer with in-depth knowledge of Virginia law and a proven track record. With many years of defending defendants in Northern Virginia and Fairfax, Virginia Criminal Attorney brings unparalleled expertise to all cases they handle. We understand what is at stake and can analyze your case to develop the most effective legal strategy. We can also help you know your constitutional rights and offer resources and guidance to assist you in making informed decisions concerning your charges. Please contact us at 703-718-5533 to schedule your free case review.