Homicide is the act of one person causing the death of another person. Not all homicides are murder—some are manslaughter due to mitigating circumstances—and some are lawful when justified by an affirmative defense such as self-defense or insanity.

Criminal homicide generally involves (1) intent to cause death or serious bodily injury, or (2) negligence that causes the death of another person. Criminal homicide committed with the intent to cause death or serious bodily injury is generally charged as the criminal offense of murder (committed with intent and with premeditation or malice) or as voluntary manslaughter or second degree murder (committed with intent but without premeditation or malice).

And criminal homicide caused by negligence is generally charged as the criminal offense of involuntary manslaughter—for example, when a person is driving recklessly or speeding and hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian. A person driving a motor vehicle while intoxicated by drugs or alcohol who hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian, may be charged with involuntary manslaughter, or with a more specific offense like intoxication manslaughter or vehicular homicide—depending on applicable state laws.

Criminal homicide laws vary from state to state—including the names, degrees of severity, and punishments. These laws are generally found in a state’s statutes—often in the penal or criminal code.

In Virginia, homicide encompasses various degrees of severity based on the circumstances surrounding the death. Murder, which is intentional homicide, is classified into first-degree murder, which involves premeditation and malice, and second-degree murder, which is intentional but without premeditation. Voluntary manslaughter is a killing committed in the heat of passion or during a sudden quarrel without malice. Involuntary manslaughter in Virginia occurs when a death is caused by a person's reckless or negligent actions, such as in the case of a fatal car accident due to reckless driving or driving under the influence. Virginia law also recognizes the affirmative defenses of self-defense and insanity, which can justify a homicide and lead to an acquittal or reduced charges. The specific statutes detailing these offenses and their penalties can be found in the Virginia Code, particularly under the criminal or penal sections.