Roanoke Capital Case Attorney Fighting For The Lives Of The Accused

There is nothing more serious than being accused of murder. There is no room for mistakes when you are facing aggravated murder charges. It’s imperative to hire a seasoned capital case attorney instead of putting your life in the hands of an inexperienced lawyer.

Seth C. Weston is a skilled death sentence criminal defense attorney who is ready to help you. Contact the Law Office of Seth C. Weston, PLC today to take the first step towards fighting for your freedom.

What Are Capital Cases?

Capital cases are those in which the defendant is sentenced to death if he is found guilty at trial. Because the defendant’s life may be at risk, these cases are extremely complex.

Does Virginia Have the Death Penalty?

Virginia abolished the death penalty in 2021. The statute that allowed the death penalty was rewritten to rename the charge as “Aggravated Murder” and to impose a maximum penalty of a life sentence. However, the death penalty still exists as a possibility on certain federal charges in federal courts in Virginia.

What is Aggravated Murder?

Aggravated Murder in Virginia is what used to be called aggravated murder. A defendant can face aggravated murder chargers for killing someone while committing robbery, rape, abduction, forcible sodomy, or object sexual penetration.

Killing certain law enforcement officials is also aggravated murder if the crime was committed in order to prevent the victim from performing his duties. Killing someone under the age of 14 is aggravated murder as well, however, this only applies in cases where the defendant is over the age of 21.

Hiring someone to kill another person on your behalf is aggravated murder, too. Defendants can also face aggravated murder charges for killing more than one person in the same act or over a three-year period.

These are just some of the many examples of aggravated murder in Virginia. Each of these crimes is unique, but they have one thing in common.

All aggravated murders are intentional and premeditated, meaning they were planned in advance before they were carried out. The fact a murder occurs in the heat of the moment may be a defense to premeditation, so it is important that you hire Seth C. Weston to help develop your defense.

How Do Death Penalty Trials Work?

In Virginia, juries no longer sentence a defendant unless the defendant requests it. So, for the vast majority of the cases, if the jury finds someone guilty then the case is continued for a sentencing hearing at which the court will decide the sentence. As mentioned above, capital punishment still exists under federal charges in federal court. There are two stages of a death penalty trial: the initial criminal trial and the sentencing stage. During the criminal trial, the jury will hear both sides of the case and use this information to determine whether or not the defendant is guilty of aggravated murder.

If a defendant is found guilty of a aggravated murder charge in federal court, at the sentencing stage the burden of establishing the existence of any aggravating factor to authorize the death penalty is on the government, and is not satisfied unless the existence of such a factor is established beyond a reasonable doubt. The burden of establishing the existence of any mitigating factor is on the defendant, but the existence of such factors need only be established by a preponderance of the information.

Can the Death Penalty Be Overturned?

The fight for a defendant’s life is not over once he is sentenced to death by a jury of his peers. Defendants that are sentenced to death are given an automatic appeal.During this appeal, the defense is allowed to argue why the verdict or the death sentence should be overturned.

Neither side is allowed to introduce new evidence during this stage of the appeals process. If the appellate courts agree that an error was made during the trial, they may decide to reverse the verdict and overturn the death penalty sentence.

This is not the only opportunity that a defendant has to appeal to the death sentence. Defendants can also file a habeas corpus review to introduce new evidence or claims that may convince the court to overturn the death penalty. There are no guarantees that these appeals will be successful, but it is possible to overturn a death sentence. Working with a capital case lawyer can be crucial to achieve such a result.

Discuss Your Case With A Death Penalty Attorney in Roanoke, VA Today

Have you been accused of aggravated murder? If so, there’s no time to waste with your life on the line. Seek legal representation from the Law Office of Seth C. Weston, PLC as soon as possible.

Seth C. Weston is uniquely qualified and experienced to defend your death penalty case and will work tirelessly to reach the best possible outcome for your case. To schedule a free consultation with our team, call 540-384-4585 or fill out the brief form on our website.