A Fairfax County grand jury indicted a Bailey's Crossroads man Monday on a charge of aggravated murder in the death of his 3-month-old daughter, upgrading the case from second-degree murder and raising the potential penalty to mandatory life in prison.

Misael Lopez Gomez, 28, also faces a felony child abuse charge, the Fairfax County Commonwealth's Attorney's Office announced in a press release. Lopez Gomez had been held since his arrest on March 31, four days after Fairfax County Police officers responded to an apartment in the 3400 block of Lake Street at 7:32 p.m. on Thursday, March 27, for a report of an infant "not breathing."

The baby was pronounced dead at a hospital that evening. An autopsy determined the cause of death was blunt force trauma, and detectives and hospital staff found evidence consistent with abuse, according to the Fairfax County Police Department.

Preliminary hearing testimony

At a preliminary hearing on July 8, in Fairfax County Juvenile and Domestic Relations Court, a medical examiner testified to the extent of the infant's injuries and confirmed they caused her death. A Fairfax County Police detective testified that Lopez Gomez admitted to law enforcement that he had repeatedly struck his daughter, according to the Commonwealth's Attorney's Office.

Following that hearing, the case was certified to a grand jury and moved from juvenile court to Fairfax County Circuit Court.

Upgraded charge

Prosecutors asked the grand jury to indict Lopez Gomez on aggravated murder rather than the original second-degree murder charge "based on the facts of the case," the Commonwealth's Attorney's Office said.

Under Virginia law, aggravated murder includes the willful, deliberate, and premeditated killing of a person under 14 by someone 21 or older. It is a Class 1 felony carrying a mandatory life sentence and a fine of up to $100,000. A person 18 or older at the time of the offense is not eligible for parole.

"Cases like this are so rare and egregious that the law recognizes the need for a higher penalty," Commonwealth's Attorney Steve Descano said in the press release.

What's next

A hearing to set the trial date is scheduled for Thursday, July 23, in Fairfax County Circuit Court.

Anyone with information about child abuse or neglect can contact the Fairfax County Department of Family Services Child Protective Services hotline at 703-324-7400.