Legal Question in Criminal Law in Virginia
The diffrence in first degree and second degree murder
Hi, i just lost a good friend last week over a bad love triangle, our friend was murdered by a man that beat him with a baseball bat. The henrico co va police has charged the estranged husband w/ first degree murder, b&e, and intent to commit murder. My question is what is the diffrence in first and second degree murder and can this deranged man get the death penalty for this. Please advise.
2 Answers from Attorneys
Re: The diffrence in first degree and second degree murder
In Virginia:
Murder 1 = intentional killing of another(human being)done with malice aforethought coupled with some(however slight)premeditation. In successful prosecutions of this charge, the state will often be able to introduce evidence that the defendant planned the murder.
Murder 11 = the above described killing with malice aforethought(but without premeditation) or, in the alternative, with what amounts to depraved indifference to human life.
Both the above involve questions of fact which must be resolved at trial by the trier of fact(either the jury or the judge).
Re: The diffrence in first degree and second degree murder
Addendum to above answer: Capital murder in
Virginia = Murder 1 + so-called aggravating factors.
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