Murder Charges in Virginia: Why the Degree Can Decide Your Future
In Virginia, not every killing of a human is murder. The word “murder” does not describe a single crime. It describes a spectrum of offenses, each carrying drastically different sentencing consequences. Understanding the difference between Second Degree Murder, First Degree Murder, and Aggravated Murder is essential—because even a one-step reduction can mean the difference between life imprisonment and a sentence that allows eventual release. From choosing a Bench Trial or a Jury Trial to planning mitigation at sentencing, each step of these cases matters.
At Rouleau Law, homicide cases are approached with one guiding principle:
Every degree matters.
Second Degree Murder (Virginia)
Second Degree Murder is the default murder charge in Virginia when the Commonwealth cannot prove the specific elements required for First Degree or Aggravated Murder. All murder starts as second degree murder in Virginia.
In general terms, Second Degree Murder involves:
A killing,
But without premeditation,
And without a statutorily enumerated aggravating circumstance.
Sentencing Exposure
5 to 40 years in prison.
While still a grave felony, Second Degree Murder leaves room for:
Sentencing discretion
Sentencing mitigation
Meaningful arguments for a term of years rather than life
For many defendants, moving a case from First Degree to Second Degree is the difference between a lifetime spent in prison and eventually coming home.
First Degree Murder (Virginia)
First Degree Murder represents a substantial escalation. In addition to proving the defendant killed another person, It requires the Commonwealth to prove additional intent-based or motive-based elements, namely premeditation.
Sentencing Exposure
20 years to life in prison
This is a critical inflection point in a homicide case. Once First Degree is on the table, life imprisonment becomes a realistic outcome, especially with a jury. As a result, a major focus of trial defense is often challenging premeditation, intent, or the sequence of events leading up to the death.
Successfully stripping a case down from First Degree to Second Degree can reduce minimum exposure by decades.
Aggravated Murder in Virginia
Referred to as “aggravated murder”— called capital murder in other states - this charge is the most serious homicide charge in Virginia law. These cases involve specific, statutorily defined aggravating circumstances that elevate the offense above all others.
Without delving into the specific categories, Capital Murder cases are treated as fundamentally different from other homicide prosecutions because of the circumstances of the murder, the number of people murdered, or the age or status of the victim, such as young children or law enforcement in the performance of their duties.
Sentencing Exposure
Life imprisonment without parole
Virginia has abolished the death penalty for crimes committed after 2021, but life without parole remains. There is no higher sentencing risk under Virginia law.
This makes early, aggressive litigation aimed at preventing a Aggravated Murder indictment—or reducing it to First Degree—absolutely essential.
Why Degree Reductions Matter So Much
In homicide defense, success is not always binary. While outright acquittals do occur, many cases turn on what the prosecution can actually prove beyond a reasonable doubt.
A single reduction can mean:
Capital → First Degree: life without parole becomes discretionary life
First Degree → Second Degree: decades shaved off minimum exposure
Second Degree → lesser homicide or acquittal: freedom restored
These outcomes are not accidental and of course as in all criminal cases no results are ever guaranteed.. Positive outcomes are the result of:
Detailed forensic analysis
Aggressive cross-examination
Careful jury instruction litigation
A defense strategy focused on intent, timing, and credibility
Charged With Murder in Southern Virginia?
If you or a loved one is facing Second Degree, First Degree, or Capital Murder charges in Southern Virginia, the stakes could not be higher. These cases demand experienced trial counsel who understands not just the law—but how juries actually decide intent, malice, and premeditation.
Rouleau Law defends the most serious cases, at the highest level, when everything is on the line. Daniel Rouleau fought a aggravated murder charge that result in a verdict of second degree murder, and has successfully defended a client charged with First degree murder who was acquitted on the grounds of self defense.
📞 Call Rouleau Law today: 434-933-0022
⚖️ Defending homicide and serious felony charges across Southern Virginia
Not intended for legal advise. For education and advertisement. Contact a licensed attorney for more information on Virginia criminal charges, particularly those discussed in this blog.
