Va. Code » Title 19.2. Criminal Procedure » Chapter 17. Convictions; Effect Thereof » Article 1. Proof and Verdicts
Virginia Code

Va. Code Ann. § 19.2-285 (2026)

Accused guilty of part of offense charged; sentence; on new trial what tried

✓ current as of May 2026
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If a person indicted of a felony be by the jury acquitted of part of the offense charged, he shall be sentenced for such part as he is so convicted of, if the same be substantially charged in the indictment, whether it be felony or misdemeanor. If the verdict be set aside and a new trial granted the accused, he shall not be tried for any higher offense than that of which he was convicted on the last trial.

Code 1950, § 19.1-249; 1960, c. 366; 1975, c. 495.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1976–2026 · leading case: Rebecca K. Taylor, s/k/a Rebecca Knight Taylor v. Commonwealth of Virginia, 767 S.E.2d 721 (Va. Ct. App. 2015).
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Rebecca K. Taylor, s/k/a Rebecca Knight Taylor v. Commonwealth of Virginia, 767 S.E.2d 721 (Va. Ct. App. 2015). · cites it 18× “2-8 is in pari materia with Code § 19.2-285, and thus, they should be construed together.”
Preston v. Com., 704 S.E.2d 127 (Va. 2011). · cites it 2× “2d at 51 ; Code § 19.2-285. Reversed, vacated and remanded.”
Necaise v. Com., 708 S.E.2d 864 (Va. 2011). · cites it 4× “[3] A different result is reached where a case has been tried on the merits, resulting in a conviction for a lesser included offense rather than the offense charged, and that verdict is then set aside and the defendant is retried.”
Edenton v. Commonwealth, 316 S.E.2d 736 (Va. 1984). · cites it 4× “” Code § 19.2-285. But, defendant contends, the misdemeanor of which he was convicted is not an offense lesser-included in the felony of which he was indicted.”
Waller v. Com., 685 S.E.2d 48 (Va. 2009). · cites it 2× “This disposition is consistent with Code § 19.2-285, which provides in pertinent part as follows: If a person indicted of a felony be by the jury acquitted of part of the offense charged, he shall be sentenced for such part as he is so convicted of, if the same be substantially…”
Jones v. Commonwealth, 228 S.E.2d 124 (Va. 1976). · cites it 2× “…will be reversed, and the case will be remanded for a new trial on a charge no greater than involuntary manslaughter. Code § 19.2-285. Reversed and remanded.”
Ledbetter v. Commonwealth, 447 S.E.2d 250 (Va. Ct. App. 1994). · cites it 2× “Additionally, Ledbetter asserts for the first time on appeal that Code § 19.2-285 bars his trial on the new warrant because he was subject to a greater penalty than might have been imposed in the general district court.”
Smith v. Commonwealth, 394 S.E.2d 30 (Va. Ct. App. 1990). · cites it 4× “We note also the applicability of Code § 19.2-285. 1 The trial court apparently found reasonable doubt about Smith’s intent to commit murder but had no such doubt about his intent to wound.”
Walker v. Commonwealth, 404 S.E.2d 394 (Va. Ct. App. 1991). · cites it 2× “” Code § 19.2-285. An accused can be acquitted of the greater offense charged in the indictment and at the same trial convicted of lesser offenses if the lesser offenses “be substantially charged in the indictment.”
Patterson v. Commonwealth, 454 S.E.2d 367 (Va. Ct. App. 1995). · cites it 2× “See Code § 19.2-285. The judgments of the trial court are affirmed.”
Jimenez v. Commonwealth, 392 S.E.2d 827 (Va. Ct. App. 1990). · cites it 2× “See Code § 19.2-285. Finding no reversible error, the decision appealed from is affirmed.”
Jadeen Keivon Person v. Commonwealth of Virginia (Va. Ct. App. 2026). · cites it 2× “I, § 8; see also Code § 19.2-285; Burks v. United States, 437 U.”
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