Virginia Murder & Manslaughter Defense
Fairfax County and Northern Virginia Murder & Manslaughter Criminal Defense Attorneys and Lawyers
In Virginia, homicide crimes include: capital murder, first degree murder (which includes certain forms of felony murder), second degree murder (including felony murder), voluntary manslaughter, and involuntary manslaughter.
If you have been arrested for any form of homicide, you need to consult with an experienced criminal defense attorney as soon as possible. Even the least serious of homicide crimes is punishable by a substantial term of imprisonment. As the gravity of the homicide offense increases, the amount of prison time also increases.
A substantial portion of homicide cases proceed to trial because of what both sides have at stake. Accordingly, it is very important that you seek representation from an experienced criminal defense attorney with substantial criminal law trial experience to ensure that your rights are effectively protected and you are provided the best possible defense.
Manikas Law LLC was founded upon the premise of providing such a defense. As a former prosecutor in the largest jurisdiction in Virginia, Kyle G. Manikas has handled murder cases as both as a prosecutor and defense attorney. While there are many lawyers in Northern Virginia, there are only a handful of criminal defense attorneys with the skills and trial experience to handle cases of this level.
To discuss your case with Kyle G. Manikas, or to schedule a free consultation, contact our law office at 703-873-7473 or 888-503-8075, or contact us by e-mail.
Murder
In general, murder requires proof that an alleged victim has died, proof that the death resulted from criminal agency at the hand of the accused, and proof that the wound was the proximate cause of the death. The remainder of the proof elements vary by the type of murder at issue.
•· Second Degree Murder (Va. Code 18.2-32) - Second degree murder is the unlawful killing of another with "malice aforethought." The specific intent to kill is not required. In fact, extreme recklessness (depraved heart murder) is sufficient (such as when someone who throws a rock from the top of a building onto a busy street). Second degree murder is punishable by 5 to 40 years in prison. Where the killing is provoked such that there was heat of passion, the crime becomes one of voluntary manslaughter as this factor negates any malice. However, this often must be decided by jury at trial.
•· First Degree Murder - (Va. Code 18.2-32) - Murder is elevated to first degree murder if it is accomplished by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated manner. First degree murder is a Class 2 felony punishable by 20 years to life in prison and up to a $100,000 fine.
•· Capital Murder - (Va. Code 18.2-31) - Murder is elevated to capital murder if one of the specified conditions contained in Va. Code 18.2-31 is satisfied along with the existence of premeditation. Capital murder is a Class 1 felony punishable by death or life imprisonment and a fine of up to $100,000.
•· Felony Murder - (Va. Code 18.2-33 and 18.2-32) - Felony murder occurs when someone is accidentally killed while the accused is in the process of committing another felony. Depending on the underlying felony being committed, felony murder can be either first degree or second degree murder. If the underlying felony is one of the following, the crime is first degree murder: arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction.
Voluntary Manslaughter
Voluntary manslaughter (Va. Code 18.2-35) is the unlawful killing of another, without malice, usually in the heat of passion upon provocation. Voluntary manslaughter exists when, although the death was intentionally caused, it was not the result of a malicious intent. There are other circumstances under which a voluntary manslaughter can occur; however, in short, manslaughter is an intentional killing, but the intent to kill was generated by passion or provocation, rather than an evil disposition. Manslaughter is a Class 5 felony punishable by up to 10 years in prison and a $2,500 fine.
Involuntary Manslaughter
Involuntary manslaughter (Va. Code 18.2-36) is an accidental killing while one is in the performance of an unlawful act or in the improper performance of a lawful act (criminal negligence). For instance, where one recklessly handles a firearm and that conduct results in the death of another, the individual has committed involuntary manslaughter. Involuntary manslaughter is a Class 5 felony punishable by up to 10 years in prison and a $2,500 fine.
DWI Manslaughter
Va. Code 18.2-36.1 creates a special form of manslaughter for those who kill another person while driving while intoxicated or under the influence. This code provisions states that any person, who as a result of driving under the influence unintentionally causes the death of another person, shall be guilty of involuntary manslaughter. If the conduct was so "gross, wanton and culpable as to show a reckless disregard for human life," the accused shall be guilty of aggravated involuntary vehicular manslaughter, which is punishable by a term of imprisonment of up to 20 years, one year of which is a mandatory minimum.
Other Forms of Involuntary Manslaughter
•· Shooting at or throwing missiles, etc., at train, car, vessel, etc. (Va. Code 18.2-154)
•· Discharging firearms or missiles within or at building or dwelling house (Va. Code 18.2-279)
•· Obstructing or injuring canal, railroad, power line, etc. (Va. Code 18.2-153)
Contact An Experienced Criminal Defense Attorney
If you have been arrested for any form of homicide, contact a former prosecutor and experienced criminal defense lawyer and trial attorney at Manikas Law LLC.
For a free consultation contact our law office at 703-873-7473 or 888-503-8075, or contact us by e-mail.
For more general information, review our Violent Crimes, Assault & Battery, and Malicious Wounding pages for additional information.
