VA · jury_instructions

Va. Model Jury Instr. Crim. No. 33.700

Lesser Included Offenses

activein force · 2025-10-01 – presentcompiled-edition

The defendant is charged with the crime of first degree murder. The Commonwealth must

prove beyond a reasonable doubt each of the following elements of that crime:

(1) That the defendant killed (name of person); and

(2) That the killing was malicious; and

(3) That the killing was willful, deliberate and premeditated.

If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt

each of the above elements of the crime as charged, then you shall find the defendant guilty of

first degree murder [but you shall not fix the punishment until your verdict has been returned and

further evidence has been heard by you].

If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt

each of the first two elements of the crime as charged but you do not find beyond a reasonable

doubt that the killing was willful, deliberate and premeditated, then you shall find the defendant

guilty of second degree murder [but you shall not fix the punishment until your verdict has been

returned and further evidence has been heard by you].

If you find that the Commonwealth has failed to prove beyond a reasonable doubt that the

killing was malicious but that the Commonwealth has proved beyond a reasonable doubt that the

defendant killed (name of person) and further:

(1) That the killing was the result of an intentional act; and

(2) That the killing was committed while [in the sudden heat of passion upon reasonable provocation;

in mutual combat];

then you shall find the defendant guilty of voluntary manslaughter [but you shall not fix the

punishment until the verdict has been returned and further evidence has been heard by you].

If you find that the Commonwealth has failed to prove beyond a reasonable doubt any of the

above offenses, then you shall find the defendant not guilty.

History

Virginia Model Jury Instructions – Criminal, Release 26, October 2025. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.

Provenance

Source: vacourts.gov
Retrieved: 2026-10-11
Edition: crim-2025-10-01
Content hash: 1cc3230b3a57f30d356f8505bb60e190a2954f7998d1e6607b7d1436945e4386

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