Virginia Code

Va. Code Ann. § 18.2-25 (2026)

Attempts to commit Class 1 felony offenses; how punished

✓ current as of May 2026
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If any person attempts to commit an offense that is punishable as a Class 1 felony, he is guilty of a Class 2 felony.

Code 1950, § 18.1-16; 1960, c. 358; 1975, cc. 14, 15; 1985, c. 280; 2021, Sp. Sess. I, cc. 344, 345.

Notes of Decisions
Cited in 28 cases (6 in the last 5 years), 1977–2025 · leading case: Edwards v. Commonwealth, 589 S.E.2d 444 (Va. Ct. App. 2003).
Edwards v. Commonwealth, 589 S.E.2d 444 (Va. Ct. App. 2003). · cites it 4× “Lolita Edwards (appellant) was indicted for attempted capital murder of a law enforcement officer, in violation of Code §§ 18.2-25 and 18.2-31, eluding the police, in violation of Code § 46.”
Coles v. Com., 621 S.E.2d 109 (Va. 2005). · cites it 4× “Indicted for the attempted capital murder of a law-enforcement officer, in violation of Code § 18.2-25, defendant Corey Dion Coles was convicted by the trial court sitting without a jury, and was sentenced to 50 years imprisonment with 30 years suspended.”
Martin v. Commonwealth, 414 S.E.2d 401 (Va. Ct. App. 1992). · cites it 4× “At the conclusion of the evidence, Martin's counsel tendered an instruction to inform the jury that assault is a lesser-included offense of attempted capital murder, thereby giving the jury the option of convicting Martin of the lesser offense. The trial judge refused the…”
Grattan v. Com., 685 S.E.2d 634 (Va. 2009). · cites it 2× “2; six counts of attempted capital murder of a law enforcement officer, in violation of Code §§ 18.2-25 and -31(6); and eight counts of using a firearm in the commission of a felony, in violation of Code § 18.”
Hancock v. Commonwealth, 407 S.E.2d 301 (Va. Ct. App. 1991). · cites it 4× “Code §§ 18.2-25 and 18.2-31(d). [1] On appeal, Hancock claims the Commonwealth did not prove the arson charge beyond a reasonable doubt.”
McMillan v. Commonwealth, 686 S.E.2d 525 (Va. Ct. App. 2009). · cites it 4× “Johnathan Wesley McMillan ("McMillan") appeals his convictions for attempted capital murder, in violation of Code §§ 18.2-25 and 18.2-31, and possession of a concealed weapon by a convicted felon, in violation of Code § 18.”
Ashford v. Commonwealth, 626 S.E.2d 464 (Va. Ct. App. 2006). · cites it 4× “David Ashford (appellant) appeals his convictions in a jury trial of attempted capital murder for hire, in violation of Code §§ 18.2-25 and 18.2-31, and solicitation of capital murder for hire, in violation of Code §§ 18.”
Stevens v. Commonwealth, 567 S.E.2d 537 (Va. Ct. App. 2002). · cites it 2× “, was convicted in a bench trial of attempted capital murder of a police officer, in violation of *531 Code §§ 18.2-25 and 18.2-31C6). 1 On appeal, he contends the evidence was insufficient to sustain the conviction because the Commonwealth failed to prove he had the requisite…”
Ostrander v. Commonwealth, 658 S.E.2d 346 (Va. Ct. App. 2008). · cites it 4× “From this evidence, the fact finder could have found that Ostrander spoke to Fleming with the intent to "induce [Fleming] to act." Therefore, the evidence is sufficient to prove that Ostrander solicited Fleming to commit murder on August 16, 19, and 23, 2005.”
Howard v. Commonwealth, 275 S.E.2d 602 (Va. 1981). · cites it 2× “, Code §§ 18.2-25 and 18.2-26. To sustain a conviction of an attempted crime, the evidence must establish a specific intent to commit the crime and an overt but ineffectual act committed in furtherance of the criminal purpose.”
Overnite Transp. Co. v. Int'l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers, 168 F. Supp. 2d 826 (W.D. Tenn. 2001). “03; 11 Va.Code Ann. §§ 18.2-25,18.2-26, 18.2-31,18.”
Martin v. Commonwealth, 234 S.E.2d 62 (Va. 1977). · cites it 2× “2d 413 (1974); Code §§ 18.2-25, 18.2-26 and 18.2-10. Therefore, the instructions were correct statements of the law.”
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