Being accused and arrested for homicide/murder is the most serious charge anyone can face. The allegations are serious, and work must begin immediately after an arrest. If you are facing a homicide/murder charge, you need to understand the investigative process, the procedural legal process, and the Fairfax homicide penalties you are facing.
At The Leiva Law Firm, Manuel Leiva is an experienced and accomplished trial attorney who will zealously advocate for those charged with homicide/murder. He will fully investigate your case, ensure all evidence is thoroughly examined, consult with experts, and analyze all forensic evidence. Contact our homicide/murder attorney today to discuss your charge and all potential penalties you may be facing.
Homicide is the killing of one person by another. The severity of the penalty for a homicide case in Fairfax depends on the intent of the accused (mens rea) and the circumstances of what occurred.
Aggravated murder is the most serious homicide. Aggravated murder is the willful, deliberate, and premeditated murder of another. Examples of aggravated murder are:
The punishment for aggravated murder is a mandatory life sentence with no parole, payment of a fine of up to $100,000, or both (Virginia Code 18.2-31).
First-degree murder is the premeditated killing of another. Murder committed willfully or deliberately is first-degree murder, as well as murder that occurs while in the commission or attempt to commit rape, arson, robbery, or abduction. First-degree murder is a Class 2 felony and is punishable by imprisonment for life or for a term of not less than 20 years, and a fine of up to $100,000 may also be imposed.
Second-degree murder includes all other types of murder except aggravated murder and first-degree murder. Punishment for second-degree murder includes imprisonment for no less than five years and not more than 40 years (Virginia Code § 18.2-32).
An experienced Fairfax lawyer can answer questions regarding the investigation, legal process, and homicide/murder penalties for first and second-degree murder.
Voluntary manslaughter is the intentional killing of another, often done in the heat of passion. The cause of death was deliberate but not premeditated. To be convicted of voluntary manslaughter, there must be a triggering event that caused an emotional response that resulted in the death of another. Voluntary manslaughter is a Class 5 felony and is punished by 1 to 10 years in prison, a term in jail for up to 12 months, and/or payment of a fine up to $2,500. (Virginia Code 18.2-35).
Involuntary manslaughter is the unintentional killing of another by negligent or reckless behavior. Driving while under the influence and causing the death of another is an example of involuntary manslaughter. The punishment for involuntary manslaughter is one to 10 years in prison, a term in jail for up to 12 months, and/or payment of a fine up to $2,500. (Virginia Code 18.2-36).
Aggravated Involuntary manslaughter. A person is guilty of this offense if, while driving under the influence in violation of Virginia Code Annotated § 18.2-266, they unintentionally cause the death of another person, and their conduct is so gross, wanton, and culpable as to show a reckless disregard for human life. The penalty for aggravated involuntary manslaughter is a felony punishable by a term of imprisonment of not less than one year and not more than 20 years, with a mandatory minimum term of one year of imprisonment.
If you have been charged with homicide, murder, or manslaughter in Fairfax, you need to speak with an experienced attorney to understand all the potential homicide/murder penalties.
If you have been charged with homicide/murder or manslaughter, you need to seek the guidance of a knowledgeable homicide/murder attorney to learn about potential Fairfax homicide penalties. It is imperative that you understand the legal work that must start immediately to build a strong defense against the allegations.
At The Leiva Law Firm, we know how to fight for those who are charged with homicide/murder. We have the experience to take your case through the legal process from initial charges to trial. Contact us today to discuss your case.
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