Virginia law § 19.2-295.1 mandates that after a jury finds a defendant guilty of a felony or certain misdemeanors, a separate sentencing proceeding must be held. During this proceeding, the jury can consider victim impact testimony and the defendant's prior criminal history, with the prosecution required to provide notice of prior convictions in advance. This process ensures a fair and informed sentencing phase by the jury.
A separate sentencing proceeding is held where the jury can consider victim impact testimony and the defendant's prior criminal history to determine the punishment.
The prosecution must provide the defendant with 14 days' notice of their intention to introduce prior criminal history, including details of convictions and punishments, along with certified copies of relevant final orders.
Yes, the Commonwealth may present victim impact testimony during the sentencing hearing as part of the process.
It applies to cases where the defendant is found guilty of a felony or a Class 1 misdemeanor, including appeals of misdemeanor convictions in Virginia.