Frequently Asked Questions & Resources
What Types of Punishments Do Misdemeanors Carry?
In Virginia, misdemeanors are divided into four classes, with a Class 1 misdemeanor being the most serious type of misdemeanor:
- A Class 1 misdemeanor is punishable by confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both. Examples of Class 1 misdemeanors include shoplifting, assault & battery, possession of marijuana, reckless driving, DUI, trespassing, and disorderly conduct.
- A Class 2 misdemeanor is punishable by confinement for not more than six months and a fine of not more than $1,000, either or both. Possession of a Schedule IV controlled substance is an example of a Class 2 misdemeanor.
- A Class 3 misdemeanor is punishable by a fine of not more than $500. Possession of a Schedule V controlled substance is an example of a Class 3 misdemeanor.
- A Class 4 misdemeanor is punishable by a fine of not more than $250. Examples of Class 4 misdemeanors include drunk in public and possession of a Schedule VI controlled substance.
If you are charged with a misdemeanor offense, you need a criminal defense attorney by your side to protect your rights and your record.
What Types of Punishments Do Felonies Carry?
In Virginia, felonies are divided into six classes, with a Class 1 felony being the most serious felony offense:
- A Class 1 felony is punishable by death or imprisonment for life and a fine of not more than $100,000. Capital Murder is a Class 1 felony.
- A Class 2 felony is punishable by imprisonment for life or for any term not less than 20 years and a fine of not more than $100,000. Burglary with a Deadly Weapon and Aggravated Malicious Wounding are examples of Class 2 felonies.
- A Class 3 felony is punishable by a term of imprisonment of not less than five years nor more than 20 years and a fine of not more than $100,000. Malicious Wounding and Burglary are examples of Class 3 felonies.
- A Class 4 felony is punishable by a term of imprisonment of not less than two years nor more than 10 years and a fine of not more than $100,000. Forgery of a Public Record is an example of a Class 4 felony.
- A Class 5 felony is punishable by a term of imprisonment of not less than one year nor more than 10 years or confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both. Forgery of a Check is an example of Class 5 felony.
- A Class 6 felony is punishable by a term of imprisonment of not less than one year nor more than five years, or confinement for not more than 12 months and a fine of not more than $2,500, either or both. Assault & Battery of a Law Enforcement Officer and Unlawful Wounding are examples of Class 6 felonies.
If you are charged with a felony offense, you need a criminal defense attorney by your side to protect your rights and your record.
Resources For Ex Offenders