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.
Va. Code Ann. § 19.2-285
Accused guilty of part of offense charged; sentence; on new trial what tried
Applied in 4 court decisions — leading case 19 Va. App. 698 - Patterson v. Commonwealth (1995)
Most recently applied in 64 Va. App. 282 - Rebecca K. Taylor, s/k/a Rebecca Knight Taylor v. Commonwealth of Virginia (January 2015)
Code 1950, § 19.1-249; 1960, c. 366; 1975, c. 495.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.