What is the Difference Between Misdemeanors and Felonies Under Virginia Law?

Felony and misdemeanor crimes are distinguished under Virginia law by the maximum punishment one can receive for each. Felonies are crimes punishable by death or imprisonment for more than 12 months.  Misdemeanors are crimes punishable by no more than 12 months in jail. Jail sentences for misdemeanors are served at local facilities (county or regional jails), while incarceration for felonies occurs in state correctional facilities (prison).

Misdemeanors are divided into four classes, with maximum punishments as follows:

• Class 1 Misdemeanor: 12 months in jail; $2,500 fine
• Class 2 Misdemeanor:  6 months in jail; $1,000 fine
• Class 3 Misdemeanor: $500 fine
• Class 4 Misdemeanor: $250 fine

Felonies are divided into six classes, with maximum punishments as follows:

• Class 1 Felony: Death, if older than 16 at time of offense and not mentally retarded; or life imprisonment and/or $100,000 fine
• Class 2 Felony: 20 years to life imprisonment and/or $100,000 fine
• Class 3 Felony: 5 - 20 years imprisonment and/or $100,000 fine
• Class 4 Felony: 2 - 10 years imprisonment and/or $100,000 fine
• Class 5 Felony: 1 - 10 years imprisonment or 12 months in jail and/or $2,500 fine
• Class 6 Felony: 1 - 5 years imprisonment or 12 months in jail and/or $2,500 fine

Certain crimes, such as grand larceny, are called “unclassified felonies,” because the punishment for conviction of these crimes is defined by the specific Virginia statute criminalizing the offense, vice the general guidelines described above.

The Criminal Law Process

The criminal law process in Virginia can be complicated and dangerous for those charged with crimes, from traffic offenses to serious felonies. Having good defense attorneys on your side makes a difference. You can rely on the experience and ability of our lawyers to guide you through the treacherous terrain of the criminal justice system-- to fight for you every step of the way.