VA · jury_instructions
Va. Model Jury Instr. Crim. No. 33.720
Doubt as to Grade of Offense
You have been instructed on more than one grade of homicide. If you have a reasonable doubt
as to the grade of the offense, then you must resolve that doubt in favor of the defendant and find
him guilty of the lesser offense.
For example, if you have a reasonable doubt as to whether he is guilty of aggravated murder or
first degree murder, you shall find him guilty of first degree murder. If you have a reasonable
doubt as to whether he is guilty of first degree murder or second degree murder, you shall find him
guilty of second degree murder. If you have a reasonable doubt as to whether he is guilty of
second degree murder or voluntary manslaughter, you shall find him guilty of voluntary
manslaughter. If you have a reasonable doubt as to whether he is guilty of voluntary manslaughter
or involuntary manslaughter, you shall find him guilty of involuntary manslaughter. If you have a
reasonable doubt as to whether he is guilty at all, you shall find him 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
3e93d784e5ffb1a5c1d03977cf916eec84bd8b6af94d1e30b3a4fda6450f9423
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