Norfolk, VA asked in Criminal Law for Virginia

Q: Under current law, if a loved one is convicted of second degree murder, do they qualify for earned time credits?

With many changes and court hearings pertaining to the credits currently, we’re confused as to what if any credits he may qualify for.

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2 Lawyer Answers
Brian M. Latuga
PREMIUM
Answered

A: They should qualify for the 85%/86% credit unless it’s a very old offense where parole applies.

A: Yes, if the offense was committed on or after January 1, 1995, they are eligible for sentence credits even with a 2nd degree murder conviction. A maximum of 4.5 sentence credits may be earned for each 30 days served on a sentence for a 2nd degree murder conviction.

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