Virginia Code

Va. Code Ann. § 18.2-35 (2026)

How voluntary manslaughter punished

✓ current as of May 2026

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Voluntary manslaughter is punishable as a Class 5 felony.

Code 1950, § 18.1-24; 1960, c. 358; 1972, cc. 14, 15.

Notes of Decisions

Cited in 34 cases (11 in the last 5 years), 1981–2025 · leading case: Darnell v. Commonwealth, 408 S.E.2d 540 (Va. Ct. App. 1991).

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Darnell v. Commonwealth, 408 S.E.2d 540 (Va. Ct. App. 1991). · cites it 8× “[6] In Blythe , the defendant was convicted of voluntary manslaughter under Code § 18.2-35 and unlawful wounding under § 18.”

Blythe v. Commonwealth, 284 S.E.2d 796 (Va. 1981). · cites it 5× “The defendant maintains that, because his single act of stabbing Rivers violated both Code § 18.2-35, 1 relating to voluntary manslaughter, and § 18.”

Taylor v. Commonwealth, 733 S.E.2d 129 (Va. Ct. App. 2012). · cites it 2× “Franklin Taylor, s/k/a Franklin Wayne Taylor, appellant, was convicted, by a jury, of voluntary manslaughter, in violation of Code § 18.2-35. On appeal he contends the trial court erred in not striking Juror Lamb for cause, in admitting a prior conviction without proper notice,…”

Caison v. Commonwealth, 663 S.E.2d 553 (Va. Ct. App. 2008). · cites it 2× “, (appellant) was convicted in a jury trial of manslaughter, in violation of Code § 18.2-35. On appeal, he contends the trial court erred in admitting into evidence a recording of a 911 call and in finding the evidence sufficient to support his conviction.”

Laurence Maria Smith, s/k/a Laurence Marie Smith v. Commonwealth of Virginia, 808 S.E.2d 848 (Va. Ct. App. 2018). · cites it 2× “Code § 18.2-35 classifies voluntary manslaughter as a Class 5 felony; however, the statute does not define the offense.”

Smith v. Brown, 781 S.E.2d 744 (Va. 2016). · cites it 2× “" Manslaughter, an unlawful killing without express or implied malice, is punished under Code §§ 18.2-35 (voluntary manslaughter) and 18.”

Couture v. Commonwealth, 656 S.E.2d 425 (Va. Ct. App. 2008). · cites it 2× “Couture was charged with voluntary manslaughter punishable under Code § 18.2-35. At trial, Couture’s counsel told the jury the evidence would support the conclusion that the killing of Olavarria was a “justifiable homicide” under the circumstances.”

Alston v. Commonwealth, 637 S.E.2d 344 (Va. Ct. App. 2006). · cites it 2× “See Code § 18.2-35. Under Code § 18.2-10, “The authorized punishments for conviction of a felony are .”

Tyler v. Commonwealth, 467 S.E.2d 294 (Va. Ct. App. 1996). · cites it 2× “(appellant) appeals his conviction for voluntary manslaughter in violation of Code § 18.2-35. Appellant’s sole contention is that his conviction violated the prohibition against double jeopardy.”

Carter v. Commonwealth, 576 S.E.2d 773 (Va. Ct. App. 2003). · cites it 2× “(appellant) was convicted by a jury of voluntary manslaughter, in violation of Code § 18.2-35, unlawful wounding, in violation of Code § 18.”

Hernandez v. Commonwealth, 684 S.E.2d 845 (Va. Ct. App. 2009). · cites it 2× “As set forth in Code § 18.2-35, voluntary manslaughter is a Class 5 felony, which, pursuant to Code § 18.”

Rocky A. Mugynei, II v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 4× “Rocky Mugynei, II, appeals his voluntary manslaughter and felony child abuse convictions under Code §§ 18.2-35 and -371.1, for which the trial court sentenced him to a total of 20 years of incarceration with 5 years suspended.”

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