Murder in West Virginia law

Murder in West Virginia law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of West Virginia.

The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate near the median for the entire country.[1]

Felony murder rule

In the state of West Virginia the common law felony murder rule is codified at W. Va. Code § 61-2-1 (1991). This statute provides that someone kills another during the commission of, or attempt to commit arson, kidnapping, sexual assault, robbery, burglary, breaking and entering, escape from lawful custody, or a felony offense of manufacturing or delivering a controlled substance shall be guilty of first degree murder.[2]

Penalties

Source:[3]

Offense Mandatory sentencing
Involuntary manslaughter Up to 1 year in jail
Voluntary manslaughter 3 to 15 years in prison
Second-degree murder 10 to 40 years in prison
First-degree murder Life imprisonment without the possibility of parole, or life-with-parole after 15 years

References

  1. ^ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
  2. ^ "W. Va. Code § 61-2-1 (1991)". Retrieved March 5, 2012.
  3. ^ "§61-2-2. — Penalty for murder of first degree. :: CHAPTER 61. — CRIMES AND THEIR PUNISHMENT :: 2005 West Virginia Code :: West Virginia Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. Retrieved August 2, 2012.


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