Homicide Attorney in Norfolk
Former-Prosecutor Insight for the Most Serious Criminal Charges
A homicide charge carries consequences unlike any other criminal accusation. We defend people facing these investigations and charges with an understanding of how the Commonwealth builds its case from the inside out. At The Gregg Law Group, our approach draws on over 20 years of criminal law experience, the perspective of a former prosecutor, and more than 100 jury trials.
Our office is near the Norfolk City Hall Complex and Civic Plaza Station. We offer free consultations and virtual consultations so you can discuss the investigation, the charge, and the decisions immediately in front of you.
Call (757) 697-2900 to request a free consultation and speak with us about your defense.
How Virginia Classifies Homicide Charges
Virginia law separates homicide offenses by intent, premeditation, malice, and the circumstances surrounding the death. Malice aforethought is the wrongful intent required for murder, and it can be shown through a deliberate act or conduct that demonstrates extreme disregard for human life.
Potential homicide charges include:
- First-degree murder: A willful, deliberate, and premeditated killing, or a killing committed during certain felonies, including arson, rape, robbery, burglary, or abduction.
- Second-degree murder: A malicious killing that doesn’t satisfy the requirements for aggravated murder or first-degree murder.
- Voluntary manslaughter: An intentional killing without malice, typically involving heat of passion caused by legally adequate provocation.
- Involuntary manslaughter: An unintentional killing resulting from reckless or criminally negligent conduct.
- Felony homicide: An accidental death caused during the commission of a felony not otherwise covered by Virginia’s murder provisions.
Penalties for Homicide Under Virginia Law
The sentence depends on the offense proved or admitted, the applicable sentencing rules, and the facts before the court. A conviction also carries consequences beyond incarceration, including a permanent felony record.
Virginia’s statutory sentencing ranges include:
- First-degree murder: A Class 2 felony punishable by 20 years to life in prison and a possible fine of up to $100,000.
- Second-degree murder: Five to 40 years in prison. Felony homicide is punished within this same range.
- Voluntary manslaughter: A Class 5 felony punishable by one to 10 years in prison. At the court’s or jury’s discretion, the sentence may instead include up to 12 months in jail and a fine of up to $2,500.
- Involuntary manslaughter: A Class 5 felony carrying the same statutory range as voluntary manslaughter.
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Norfolk Courts & Federal Homicide Jurisdiction
The Norfolk Circuit Court has jurisdiction over felony trials involving adults, including murder and manslaughter charges. Depending on how the prosecution begins, a case may first involve a preliminary hearing in the Norfolk General District Court before proceeding to circuit court through a grand jury indictment.
Location can change the forum. A homicide connected to Naval Station Norfolk or other federally controlled property may fall under federal jurisdiction when the required legal conditions are met. Federal cases in this area may proceed in the Norfolk Division of the United States District Court for the Eastern District of Virginia, which operates under different statutes, procedures, and sentencing rules than Virginia state court.
Self-Defense & Other Defenses in a Virginia Homicide Case
Self-defense may justify deadly force when a person reasonably believes it is necessary to prevent death or serious bodily harm. It generally isn’t justified solely to protect property, and the available defense depends heavily on who initiated the confrontation, whether the perceived threat was imminent, and whether the response was proportionate.
Virginia’s self-defense and castle doctrine principles come from court decisions rather than a single statute. A person who is without fault in provoking a confrontation has no duty to retreat before using legally justified force. Someone who contributed to the conflict may face different requirements, including a duty to withdraw and communicate that withdrawal before claiming self-defense.
Not every defense rests on justification. We also examine whether the prosecution can prove the accused person’s identity, whether the alleged conduct legally caused the death, and whether the evidence supports a murder charge rather than manslaughter or another offense. Our approach is built around the evidence and legal issues in each individual case.
