Homicide

Homicide Attorney in Newport News

Accused of Homicide in Newport News? Call a Former Prosecutor Today

Facing a homicide charge in Newport News, VA, requires seasoned legal representation from a team that understands the complexity of such cases. At Ehrenworth Law, PLLC, our skilled homicide criminal defense attorneys, led by former prosecutor Scott Ehrenworth, are dedicated to safeguarding your rights and future.

Recognizing the severity of homicide charges, we meticulously analyze all evidence, conduct thorough investigations, and collaborate with forensic experts when necessary. Our team’s detail-oriented approach ensures a comprehensive defense, encompassing everything from witness interviews to in-depth crime scene analysis.

The Role of Prosecutorial Insight

Scott Ehrenworth's experience as a prosecutor provides unique insights into the strategies employed by the opposition. This perspective allows our homicide criminal defense lawyers in Newport News to approach cases with a tactical edge, identifying angles that might be overlooked in conventional defenses, and formulating a defense tailored to your situation.

Our team anticipates potential plea deals and develops counterarguments for the prosecution's evidence with a prosecutorial mindset. By challenging the credibility of evidence and testimonies, we enhance our ability to seek charge reductions or even dismissals.

Get a strategic defense from a homicide attorney in Newport News who used to be on the other side of the courtroom. Schedule your free case evaluation now by calling (757) 663-4477 or reaching out online.

Understanding Homicide Laws in Virginia

In Virginia, criminal homicide encompasses several offenses, with distinctions based on the accused's mental state, the circumstances surrounding the death, and any aggravating factors. The specific charge determines the range of penalties and the precise elements the prosecution must prove. A knowledgeable homicide attorney in Newport News will quickly analyze the precise charge you face.

The Crucial Element: Malice

Virginia law defines murder as the unlawful killing of a human being with malice aforethought. This "malice" is the defining distinction between murder and lesser forms of criminal homicide like manslaughter.

Homicide Offense Classifications in Virginia

Capital Murder (Virginia Code § 18.2-31): This is the most serious crime in Virginia. It requires a "willful, deliberate, and premeditated" killing with malice, combined with specific aggravating circumstances such as:
- Murder of a police officer, firefighter, or EMT in the line of duty.
- Murder for hire (contract killing).
- Murder during the commission or attempted commission of arson, rape, forcible sodomy, abduction, robbery, or burglary (Felony Murder Rule for Capital Murder).
- Murder of more than one person in the same transaction or within a three-year period.
- Murder of a child under 14 as a part of a kidnapping.
- Murder of a pregnant woman by one who knows the victim is pregnant and has the intent to cause the involuntary termination of the pregnancy.
First-Degree Murder (Virginia Code § 18.2-32): This is defined as any willful, deliberate, and premeditated killing with malice. It also includes killings committed by poison, lying in wait, imprisonment, starving, or torture, or during the commission or attempted commission of certain non-capital felonies where a deadly weapon is used (a broader felony murder rule than for capital murder).
Second-Degree Murder (Virginia Code § 18.2-32): This applies to all other forms of murder that do not meet the criteria for capital or first-degree murder. It requires malice but without premeditation and deliberation.
Voluntary Manslaughter (Virginia Code § 18.2-35): This is the unlawful killing of another without malice, but committed in the sudden heat of passion upon reasonable provocation. The heat of passion must arise from provocation that would reasonably produce an emotional state (e.g., rage, fear) that deprives the killer of self-control and clear reflection.
Involuntary Manslaughter (Virginia Code § 18.2-36): This is the unintentional killing of another without malice, caused by an unlawful act not amounting to a felony and not inherently dangerous (e.g., speeding leading to an unintended death); OR a lawful act performed in an unlawful, wanton, or criminally negligent manner.

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Penalties and Collateral Consequences of Homicide Convictions in Virginia

A conviction for any homicide offense in Virginia carries severe and life-altering penalties, extending far beyond incarceration. The impact can be devastating to every aspect of your life.

Direct Penalties (Virginia State Felony):

Capital Murder: Life imprisonment without parole.
First-Degree Murder (Class 2 Felony): 20 years to life in prison.
Second-Degree Murder (Class 5 Felony): 5 to 40 years in prison.
Voluntary Manslaughter (Class 5 Felony): 1 to 10 years in prison.
Involuntary Manslaughter (Class 5 Felony): 1 to 10 years in prison.
Aggravated Involuntary Manslaughter (Felony): 1 to 20 years in prison, with a mandatory minimum of 1 year.
Fines: Can range up to $100,000 for murder, $2,500 for manslaughter.
Mandatory Minimum Sentences: Many Virginia homicide offenses, particularly Aggravated Involuntary Manslaughter and certain forms of murder, carry mandatory minimum prison sentences, severely limiting a judge's discretion.
Parole Eligibility: In Virginia, parole was abolished for offenses committed on or after January 1, 1995. This means most felony homicide convictions will require you to serve nearly your entire sentence. However, some older offenses or specific circumstances might still allow for parole consideration.

Collateral Consequences

Permanent Felony Criminal Record: Irrevocably impacts future employment, housing, and educational prospects.
Professional Licenses: Leads to permanent revocation of professional licenses (e.g., healthcare, education, law).
Loss of Rights: Permanent loss of voting and firearms rights.
Reputational Damage: Causes profound harm to personal and professional reputation.
Civil Lawsuits: Almost invariably leads to civil lawsuits for wrongful death, even if acquitted criminally.
Immigration Consequences: For non-U.S. citizens, results in immediate deportation and permanent inadmissibility.
Driver's License Suspension/Revocation: Mandatory suspension or revocation (often 5+ years, potentially permanent) for vehicular homicide offenses.

Building a Strategic Defense – Key Arguments

Successfully defending against homicide charges in Virginia involves a multifaceted approach, often centered on establishing self-defense or defense of others. This fundamental strategy argues that the use of force, including deadly force, was immediately and reasonably necessary to protect oneself or another from unlawful force. This is often bolstered by Virginia's "Castle Doctrine" and a nuanced understanding of the duty to retreat.

Alternatively, if the death was a tragic, unforeseeable accident not resulting from criminal culpability, this can serve as a complete defense.

Other key strategies involve challenging the prosecution's burden to prove specific mental states. For First-Degree Murder, we argue lack of premeditation and deliberation to seek a reduction to Second-Degree Murder or Voluntary Manslaughter. For Second-Degree Murder or Manslaughter, we dispute the presence of malice, potentially reducing the charge if it occurred in the heat of passion due to adequate provocation, or to Involuntary Manslaughter if unintentional and not due to gross negligence.

We also rigorously scrutinize the prosecution's evidence for insufficient evidence or reasonable doubt, investigate mistaken identity or false accusations, and aggressively pursue motions to suppress evidence obtained through constitutional violations like unlawful searches or coerced confessions. Finally, rare defenses like insanity or diminished capacity or challenging causation may also be explored.

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Scott Ehrenworth is an attorney who will definitely fight for you. His years of experience as a prosecutor provide him with many of the tools needed to successfully defend clients charged with crimes. Let him put his knowledge to work for you.

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HIGHLY RECOMMEND SCOTT EHRENWORTH!!!! Scott Ehrenworth got my DUI 2nd offense, reduced to a DUI 1st offense, and my Reckless 108 in a 65, and Defective Exhaust completely dropped! That is pretty much unheard of nowadays, but he made it happen and saved my career! Please, let Scott Ehrenworth handle your case he will go above and beyond for you! Thanks again Scott for everything!

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Mr. Ehrenworth provided outstanding legal representation from the beginning consultation to a better than expected result in court. Upon hiring him for a reckless driving ticket (83/55), Mr. Ehrenworth reviewed my driving history, explained probable outcomes, and mapped out a plan of preparation for court. Upon consultation with the State Trooper before court, he was able to negotiate a dismissal of all charges and court costs based on a technicality. Mr. Ehrenworth clearly knows the law, the mechanics of the legal system, and how to represent his clients' best interests in a professional manner. I strongly recommend his services without reservation. Thank you, again, Mr. Ehrenworth.

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I hired Scott after I saw him handle a case that was heard before mine. What a fantastic decision. Tenacious and dedicated toward achieving my desired result. Other defendants in the courtroom referred to him as a PIT BULL and great attorney. They were correct!

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After posting bond, I contacted Attorney Ehrenworth per recommendation to help me fight my case. After reviewing my case and all the facts, he claimed he could get my charges dismissed at preliminary. I must admit that I was a bit skeptical at first, but after a few long months filled with stress and anticipation, on the date of preliminary, he managed to do just that. I couldn't have asked for a better outcome, and wouldn't recommend any other attorney based on my results!

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Steps to Take if Charged with Homicide

Facing a homicide charge can be daunting, but early action can be pivotal. Here’s what you should do:

Seek Immediate Legal Counsel: Connect with a dedicated homicide defense attorney in Newport News promptly.
Do Not Make Statements: Avoid speaking to law enforcement without your lawyer present.
Gather Evidence: Collect any supportive evidence, including alibis or witness contacts.
Stay Informed & Involved: Comprehend the charges and engage actively in your defense strategy.

Each step you take post-arrest is crucial. Documenting activities, maintaining records, and open communication with your attorney are vital for developing an effective defense strategy. These measures protect your immediate legal rights and lay a foundation for a comprehensive defense.

Take Action: Secure Your Defense with Professional Guidance

Handling a homicide charge is demanding, but you aren't alone. At Ehrenworth Law, PLLC, we are committed to offering comprehensive defense services in Newport News. Our promise of accessible support—such as after-hours appointments—ensures we are there when needed.

Engaging with us means entering a supportive environment, where your case receives top priority. We emphasize clear communication and work diligently to alleviate the stress and uncertainty of legal proceedings, providing reassurance and aggressive defense of your rights.

Call us at (757) 663-4477or reach out online to arrange a free consultation. Let us defend your future with reliable and strategic legal advocacy.

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