Question for the Virginia lawyers

[dpslaw]

Why second degree murder and not first?

[lawgrad91]

Why second degree murder and not first?

In Virginia, all homicide is presumed to be a murder in the second degree. First degree murder requires a specific intent to kill (unless it's in the act of a specific violent felony like rape or robbery). But the original charge can be upgraded at any time prior to trial, by a request to the Court or by the presentment of a superseding indictment or warrant. A lot of times the immediate charge is lesser than the final charge presented to the trial of fact.

Also, it may be that the locals think the Feds are going to take over the case and just wanted to hold the POS in jail until the Feds swoop in.

Neither first nor second has the death penalty as an option, btw. That is capital murder, and this likely doesn't fit that either.