Virginia § 19.2-285 Accused guilty of part of offense charged; sentence; on new trial what tried

Virginia Statutes

§ 19.2-285 — Accused guilty of part of offense charged; sentence; on new trial what tried

Virginia § 19.2-285

Title 19.2CRIMINAL PROCEDURE

Ch. 17CONVICTIONS; EFFECT THEREOF

Art. 1PROOF AND VERDICTS

This text of Virginia § 19.2-285 (Accused guilty of part of offense charged; sentence; on new trial what tried) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 19.2-285 (2026).

Text

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.

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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.