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Virginia Criminal Laws

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    Crimes and Offenses

    • Title 18.2 is organized into 13 different chapters that state substantive aspects of Virgina's criminal laws. Chapter 1 defines felonies and misdemeanors. A felony is punishable by imprisonment or death. If a crime is not a felony, it is a misdemeanor. In Virginia, there are six classes of felonies and four classes of misdemeanors. The higher the class, the more severe the punishment.

      Chapters 2 and 3 cover accomplices to crimes and attempts to engage in criminal behavior, respectively. The remaining 10 chapters state what constitutes specific crimes such as murder, rape, assault, arson, theft, trespass, fraud and drug trafficking. For each crime, the Code states whether it is a felony or misdemeanor and indicates the class of the crime.

    Criminal Procedure

    • Title 19.2 contains 25 chapters of rules that must be followed during the prosecution of a crime.

      Chapter 5 explains that a search warrant may be issued by a judge upon probable cause and states
      what may be seized during a search (i.e., items used or property gained during the commission of a crime). Chapter 7 pertains to the arrest of persons in connection with a crime and the circumstances under which an arrest warrant can be issued.

      Chapters 12 through 16 are rules applicable to criminal trials. Among other things, these sections explain how grand juries are to be seated, where trials can occur, what is considered admissible evidence and who may testify.

    Death Penalty

    • Virginia is a death penalty state meaning that certain violent crimes in Virginia are punishable by death. For example, premeditated murder (murder that is planned in advance and intentionally committed) of a pregnant woman is considered to be a Class 1 felony punishable by death if the prosecutor decides to ask the jury for this penalty instead of life in prison.

      Virginia re-enacted its death penalty in 1975. Since then, it ranks second in the United States for the most death sentences carried out. In recent years, though, the number of executions has tapered off. In 2009, three people were executed in Virginia. Executions occur by either lethal injection or by electrocution-whichever method is selected by the inmate. Only the governor of Virginia can grant clemency to a condemned inmate.

    Tips

    • In Virginia, traffic violations are not criminal infractions.

      Virginia law allows a convicted felon to petition a court to apply newly found DNA evidence to his original case.

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