Lawmakers Delete Virginia’s Suicide Law

For decades, committing or attempting to commit suicide in Virginia has been a criminal offense. That’s set to change in 2027.

The anti-suicide law, which is rooted in the ancient British common law, allows insurance companies to deny claims because the person who attempted or committed suicide is a criminal.

Twice last session, the General Assembly voted to remove the law from the books. Then-Governor Glenn Youngkin vetoed it both times. In 2026, lawmakers approved yet another version of this change, and Gov. Abigail Spanberger signed it.

Most states that have had common-law crimes against suicide have either removed the laws from the books or they’ve just become obsolete. But experts say the removal of the crime is another step in destigmatizing mental health struggles.

Mental Health Issues During Arrests

Law enforcement officers often have issues dealing with severely mentally ill suspects. These issues often worsen if the suspect is jailed prior to trial.

Arrests are very stressful for everyone involved. In such an environment, it’s easy to understand why many law enforcement officers confuse mental health issues, especially those with symptoms such as difficulty understanding instructions or controlling muscles, as resistance. This mistaken belief often magnifies the pressure and causes the event to end badly for everyone.

Such instances illustrate the need for a Leesburg criminal defense lawyer to advocate for defendants outside of the courtroom. Attorneys do more than apply the law and make it work for individuals. Attorneys also help shape laws. They testify at legislative and administrative hearings, provide written documents to lawmakers, and in many cases, hold office themselves.

Immediate jail release is always a high priority in all criminal cases. That’s especially true if mental health is an issue. Such problems often magnify the brain injuries that accompany long-term confinement.

When the cell doors close, the body’s adrenaline levels skyrocket. Adrenaline is the “flight or flight” hormone. Neither F is an option behind bars, so the body cannot release these hormones. As a result, they build up and, in many cases, cause permanent brain damage.

If the defendant’s mental health is a concern, a Leesburg criminal defense lawyer often sits in the driver’s seat during settlement negotiations prior to bail reduction hearings. Most jails are anxious to release such defendants and the liability risk they pose.

Mental Health Issues at Trial

Mental health issues could also create a procedural, substantive, and/or affirmative defense at a Loudoun County criminal trial.

Procedurally, many people with mental health issues don’t understand Miranda warnings. As a result, the resulting interrogation could be illegal. Likewise, any evidence that interrogation produces, such as a lineup identification, is also illegal.

Substantively, mental health issues often make it difficult or impossible for prosecutors to prove the requisite mental state, which is usually intentionally, beyond any reasonable doubt. Frequently, a Leesburg criminal defense lawyer partners with a psychiatrist or other mental health professional who testifies that the defendant lacked the capacity to form the requisite intent.

That lack of capacity could be an affirmative defense as well. If a mental disease or defect significantly impaired the defendant’s ability to distinguish between right and wrong, the defendant might be not guilty as a matter of law.

Connect With a Hard-Working Loudoun County Lawyer

Mental health issues often affect criminal cases. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, jail, and after-hours visits are available.

Source:

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