What is a Second Degree Felony in Virginia?

In Virginia, there are mainly two types of crimes a person can commit: misdemeanors and felonies. Misdemeanors are non-indictable offenses and are less severe than felony offenses. Felonies carry severe criminal punishment and are split into three types: first-degree felony offenses, second-degree felony offenses, and third-degree offenses. However, some felonies, such as animal cruelty, may be tried as misdemeanors.

Virginia law does not strictly define a second-degree felony offense or categorize felonies in degrees but classes. These classes include different types of crimes and are from Class 1 to 6.

Which Crimes Are Considered Second Degree Felonies in Virginia?

Although most crimes are not labelled as second-degree but in classes, some crimes are explicitly called second-degree felonies. These offenses are:

1. Second-degree murder: According to Section 18.2-32 of the Code of Virginia, all murders other than aggravated murder and murder in the first-degree are second-degree murders. Anyone convicted of these crimes may be punished by confinement to a state correctional facility for 5 to 40 years.
2. Felony Homicide: This is the accidental murder of a person while committing a felony. Section 18.2-33 provides that this crime is punishable by 5 to 40 years in jail.
3. Offenses within classes 2-4, such as assaults, robbery, burglary, sexual assault, drug trafficking, and arson, may be viewed as Virginia’s equivalent to second-degree offenses.
4. Principals in the second degree: Under Section 18.2-18, a principal in the second degree may, in some instances, be tried and punished like a principal in the first degree.

What is Second Degree Murder and How is it Classified in Virginia?

Section 18.2-32 of the Virginia Code defines first-degree murder as murders that have elements of premeditation, planning, intention, or lying in wait. It refers to all other murders, other than first-degree murders, as second-degree. Essentially, a second-degree murder is the type that does not meet the criteria of first-degree murder.

There is also Section 18.2-33, which provides for felony homicide, which is causing the accidental death of a person while committing a felony. These are also classified as second-degree murders. Meanwhile, sections 18.2-35 and 18.2-36 cover voluntary and involuntary manslaughter, respectively, which are lesser offenses.

Virginia Second Degree Felonies Penalties and Punishments

The penalty for second-degree felony depends on the class the offense falls in. Section 18.2-10 of the Virginia Code outlines the punishment for all classes of offenses:

• Class 1 felony: life or any term of years, fine up to $100,000.
• Class 2 felony: life or any term of years (but at least 20 years), fine up to $100,000.
• Class 3 felony: 5 to 20 years, fine up to $100,000.
• Class 4 felony: 2 to 10 years, fine up to $100,000.
• Class 5 felony: 1 to 10 years (or jail up to 12 months in some cases), fine up to $2,500.
• Class 6 felony: 1 to 5 years (or jail up to 12 months in some cases), fine up to $2,500.

While the Virginia Code does not primarily refer to crimes in the first or second degree, offenses between classes 2, 3, and 4 may be referred to as second degree offenses, while Class 1 felonies may be viewed as first degree offenses. However, there are crimes it explicitly labels as second-degree murder. Second-degree murder is punishable by 5 to 40 years in jail or a fine of up to $100,000. Other crimes labelled as second degree include felony homicide and principal in the second degree.

Are Second Degree Felony Records Public in Virginia?

Yes, second-degree felony records are publicly available in Virginia. According to Virginia’s Public Records Act, anyone can examine felony records available at the courts where the offense was tried and the offender was convicted. Although under certain circumstances, these records or some of the details cannot be accessed by the public. This restriction could be due to the nature of the crime committed, such as sexual crimes involving a minor. Also, if the record custodian determines that releasing information from the record may cause civil issues, it will be barred from the public.

How to Access Second Degree Felony Court Records in Virginia

Interested parties can find second-degree felony records in Virginia by doing the following:

• Find the circuit court that handled the criminal case, since felonies are handled in circuit courts.
• Go to the clerk's office or the court's website. Numerous circuit courts offer public access portals or online case lookups.
• Parties may search by year, case number, or name. To narrow down the results, include as many details as possible.
• Record seekers can also make formal requests at the courthouse's physical address.
• If one cannot find a felony record, it has probably been sealed or expunged, and one should contact the circuit court that tried the case for details.

Parties should always follow laws and respect the privacy of individuals when looking for second-degree felony records.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes, second-degree felony records can be reduced or dismissed depending on the circumstances around the offense and the competence of the legal representative. Offenders can do the following to have their second-degree felony charges reduced:

• A defendant can opt for a plea bargain to have their felony reduced or dismissed. This means they will plead guilty to a lesser offense, a misdemeanor or a third-degree felony.
• The defense may also argue that the evidence is invalid if the defendant’s constitutional rights were infringed upon to obtain said evidence. If successful, the case or the evidence may be dismissed.
• A second-degree felony can also be reduced for mitigating factors such as no prior convictions or the defendant’s mental instability.

Is it Possible to Expunge or Seal a Second-Degree Felony or Murder Record in Virginia?

An innocent person falsely convicted of a felony and later granted a pardon may request that the convictions be expunged from their records under Virginia law. According to Virginia law, a defendant who was charged with a felony and tried in court but was found not guilty may also request that the record be removed from their criminal history under Section 19.2–392.2.

An expungement of the record may also be requested by a defendant whose case was nolle prosequi, or not prosecuted. The defendant may file a petition at a court in the county where the case was tried to ask for the record expunged. Once successful, the petitioner may legally deny that they were ever arrested or charged for a felony because the law explicitly forbids employers from asking about expunged charges.

How Long Do Second-Degree Felony Records Stay Public in Virginia?

In Virginia, all felonies may stay on the accused person’s record forever. For a background check, however, the Fair Credit and Reporting Act mandates background check providers to declare convictions from the previous 7 years. Any conviction before that time need not be listed as part of background checks. Individuals should know that this law applies only to those seeking employment in the private sector. The 7-year rule does not bind government agencies; they may see every conviction on a job seeker’s record.