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HOMICIDE DEFENSE ATTORNEY IN ALEXANDRIA
Comprehensive Legal Defense Against Homicide Charges
Homicide in Virginia is an extremely serious matter, and a conviction can mean years to life in prison. King, Campbell, Poretz, and Mitchell’s team of highly skilled defense attorneys understands what’s at stake in a homicide case and has the knowledge and experience to fight for your rights. From aggravated murder to DUI involuntary manslaughter, we will work tirelessly to protect your legal rights and freedom.
Additionally, it’s important to fully understand the charges against you and their associated penalties. Keep reading for the most up-to-date and complete homicide information in Virginia.
Charged with homicide? Contact us now at (703) 468-8557 for legal defense and a thorough review of your case.
Understanding Aggravated Murder Charges in Virginia
Aggravated murder is considered to be the most egregious form of homicide, with especially heinous circumstances.
It’s a Class 1 felony. In order to qualify as aggravated murder the killing must be willful, deliberate, premeditated, and must be the killing of a:
- Prisoner or individual in custody
- Law enforcement officer or a firefighter with police authority
- Pregnant woman
- Person less than 14 years old (if the suspect is 21 years or older)
- Judge in order to interfere with his/her official duties
- Witness in a criminal case to prevent them from testifying
- More than one person with a single crime
- Two people in a three-year time span
OR
Under Circumstances Involving:
- Abduction or kidnapping
- Robbery
- Rape
- Crimes involving Schedule I or II controlled substances
- Acts of terrorism
Additionally, orchestrating a successful murder by hiring another individual to carry out the crime is also considered an aggravated murder offense in Virginia.
The punishment for an aggravated murder felony conviction is life in prison and up to a $100,000 fine if the perpetrator is over 18 years old and not mentally retarded. If you've been charged with homicide, contact our attorneys now at (703) 468-8557.
The Difference Between Murder and Manslaughter in Virginia
In Virginia, homicide charges are categorized into murder and manslaughter. While both are serious crimes, the distinctions affect the severity of the charges, how the case is prosecuted, and the potential penalties.
Murder Charges:
- First-degree murder: This is the most severe form of murder and involves premeditated killing or a killing done with malice. It includes situations like planned killings or killings during the commission of a felony, such as robbery.
- Second-degree murder: This is a killing done with malice, but without the premeditation of first-degree murder. It can include crimes of passion or those occurring during heated arguments.
Penalties for murder:
- First-degree murder carries life in prison or the death penalty.
- Second-degree murder usually results in a sentence of 5 to 40 years in prison.
Manslaughter Charges:
- Voluntary manslaughter: This involves killing someone in the heat of passion, often following provocation that would cause a reasonable person to lose control. For example, a person who kills in a fit of rage after being attacked.
- Involuntary manslaughter: This is the unintentional killing of another person resulting from reckless or criminally negligent behavior, such as driving under the influence and causing an accident that leads to death.
Penalties for manslaughter:
- Voluntary manslaughter can result in 5 to 20 years in prison.
- Involuntary manslaughter carries a sentence of 1 to 10 years, but may be reduced if the person is convicted of a less serious crime.
Defenses Against Homicide Charges
Defending a homicide charge can involve various strategies. Some of the most common defenses include:
- Self-defense: Claiming that the killing occurred because the defendant was protecting themselves or others from imminent harm.
- Lack of intent: Arguing that the defendant did not have the intent to kill, which is crucial for charges like first-degree murder.
- Mistaken identity: Suggesting that the defendant was wrongly identified as the perpetrator.
- Insanity defense: Asserting that the defendant was not mentally capable of understanding their actions at the time of the crime due to mental illness.
Evidence, such as witness testimony, forensic analysis, and expert opinions, can help challenge the prosecution's case. An experienced defense attorney will work to show weaknesses in the evidence or present alternative explanations for the alleged crime.
The Role of Mental Health in Homicide Cases
Mental illness or diminished capacity can play a critical role in homicide cases. In Virginia, defendants who suffer from mental illness may argue that they lacked the mental state necessary to commit murder.
- Insanity defense: If a person is found to be legally insane at the time of the crime, they may be acquitted of the charge, although they may be committed to a mental health facility for treatment.
- Diminished capacity: In some cases, mental illness may not fully absolve a defendant but may reduce the charges from murder to manslaughter.
Defendants may present expert testimony from psychiatrists or psychologists to support their claims. This can have a significant impact on the outcome of the case, potentially leading to reduced charges or a more lenient sentence.
Charged with Homicide in Alexandria? Take Immediate Action
If you’ve been charged with homicide, it’s important to know your legal rights and have access to a quality defense.
The attorneys at King Campbell Poretz Mitchell, PLLC have extensive experience developing powerful defense strategies in cases of aggravated murder, first degree murder, second degree murder, felony homicide, voluntary manslaughter, involuntary manslaughter, and DUI involuntary manslaughter.
Our meticulous and detailed-oriented criminal defense attorneys will perform an in-depth review of your case and take every measure possible to challenge your homicide charges, including any improper actions on the part of law enforcement.
Facing a serious homicide charge? Contact us at (703) 468-8557 to protect your rights and fight for your freedom.
AGGRESSIVE AND INNOVATIVE ADVOCACY
- First Degree Murder
First degree murder is a premeditated, malicious, and intentional killing that does not meet the criteria for aggravated murder. According to homicide information in Virginia, it is considered a Class 2 felony, and if convicted, the individual faces 20 years to life in prison and fine up to $100,000. - Second Degree Murder
When a killing is without premeditation, but malice and intent can be proved, it’s considered murder in the second degree. The punishment is a felony conviction with five-to-40 years in prison. - Felony Homicide
Felony homicide is a considered 2nd degree murder. It’s the result of someone being accidentally killed while a non-murder felony is being committed. The penalty for this crime is a felony conviction with five-to-40 years in prison. - Manslaughter
Voluntary manslaughter is when an intentional killing takes place without malice and occurs during mutual combat or from provocation. Involuntary manslaughter is an unintentional homicide that occurs due to a criminal act or omission by the perpetrator. This is the case with DUI involuntary manslaughter, which requires an attorney with extensive knowledge and experience in the law of homicide and law of DUI.
Voluntary, involuntary, and DUI involuntary manslaughter are all Class 5 felonies, and the penalty can be felony conviction with one to 10 years in prison or a lessened penalty of up to 12 months in jail and/or a fine of up to $2,500.
Frequently Asked Questions (FAQs)
- What should I do if I am arrested for homicide in Virginia?
If you are arrested for homicide, it’s crucial to remain calm and exercise your right to remain silent. Avoid speaking to law enforcement or prosecutors without an attorney present. Contact an experienced homicide defense attorney as soon as possible to begin protecting your rights. - Can I be charged with homicide if the death was accidental?
Yes, you can be charged with involuntary manslaughter or felony homicide if the death was caused by reckless or negligent actions, such as driving under the influence, causing a fatal accident, or engaging in dangerous behavior that unintentionally results in death. - How does a conviction for homicide affect my future?
A conviction for homicide can result in a lengthy prison sentence or even life imprisonment, and it will remain on your criminal record. It can also impact your ability to obtain employment, housing, and other opportunities in the future. Additionally, it could result in the loss of rights, including voting or firearm possession. - What’s the difference between voluntary and involuntary manslaughter in Virginia?
Voluntary manslaughter is typically the result of a crime of passion, where the defendant kills in the heat of the moment due to provocation. Involuntary manslaughter, on the other hand, is the unintentional killing of another person due to reckless or criminally negligent behavior, such as in a fatal car accident caused by drunk driving. - Can I get a lighter sentence if I cooperate with the police?
In some cases, cooperating with law enforcement, such as providing information or pleading guilty, may result in a lighter sentence or a plea deal. However, this depends on the specifics of the case and should only be done under the guidance of an experienced defense attorney. - What happens if I am found guilty but my sentence is appealed?
If you are found guilty of homicide, you have the right to appeal the conviction if you believe there were legal errors during the trial. An appeal could lead to a reduced sentence, a new trial, or even a reversal of the conviction if the appellate court finds significant errors in the original trial. - Can I be convicted of homicide if I didn’t actually commit the killing?
In some cases, individuals can be convicted of homicide even if they did not directly commit the killing. This can occur through charges like felony murder, where a death occurs during the commission of a felony (such as a robbery or assault), even if the defendant wasn’t the one who caused the death.
Need experienced representation for homicide charges? Contact us today at (703) 468-8557 for a confidential consultation.
AWARDS & ASSOCIATIONS
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WHAT PEOPLE SAY
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