Understanding Felonies and Misdemeanors in Virginia
Being charged with a crime in Virginia can be scary, especially if it your first time in trouble with the law and you are unfamiliar with what type of penalties you may be facing. Understanding the different types of felonies and misdemeanors may help you know what to expect in your situation. Here I will explain in general terms and provide you a cursory look as to how Criminal Attorney Sheryl Shane shares and explains the criminal legal process to her clients. The goal is to make them feel more knowledgeable, and therefore more comfortable as we move through the criminal court process together. The client is best on the court date if well prepared. Sharing the law, the facts of the case, and strategies prior should help tremendously with attaining the best result. We want to build the best defense. Negative findings on felony and or misdemeanor case can be life altering.
Virginia law divides criminal charges into two main categories: felonies and misdemeanors. While both carry legal consequences, the severity of those consequences depends on how the offense is categorized. Here we will generally break down down what qualifies as a felony or misdemeanor under Virginia law, the various classes within each, and what you need to know if you’re facing either. You should also be aware that laws change and are modified regularly. So, here now in 2025 – the law may differ versus the year 2026. It is wise to be diligent and update on the law on a regular basis.
What Is a Felony in Virginia?
A felony is considered a serious criminal offense in the Commonwealth of Virginia. These crimes may involve different grades of assault and other crimes of violence, sex crimes, large sum property crimes ie grand larceny, embezzlement, fraud and forgery, dangerous crimes involving weapons, and misdemeanor repeat offenders. Felonies carry the possibility of long-term imprisonment. Under Va. Code § 18.2-10, felonies are classified into six levels, or “classes,” ranging from Class 1 (most serious) to Class 6 (least serious).
Felony Classifications in Virginia (Virginia Criminal Code Ann. 18.2-10)
Class 1 Felony:
Class 1 Felonies such as Aggravated Murder are the gravest offenses under Virginia criminal statutory law. Aggravated Murder according to Virginia Code Ann. 18.2-31 is a Class 1 felony. The Commonwealth Attorney’s Office and law enforcement take into account several factors when determining whether to charge for first degree murder.
Factors to consider are:
Class 1 Felony Penalties may include imprisonment for life and a fine of not more than $100,000.00. An adult who is convicted of first degree may not be eligible for parole or any good conduct allowance. This applies only if the offender was (18) eighteen or older at the time of the offense.
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Class 2 Felony:
Examples include first-degree murder (poison, lying in wait, imprisonment, starving or any willful, deliberate, and premediated killing) or murder during the commission of arson, attempted arson, rape, forcible sodomy, other felony sex crimes, robbery, burglary, and abductions. There are some exceptions.
Penalties: The punishment can be imprisonment for up to life or for any term not less than (20) twenty years. A $100,000.00 fine may also be imposed.
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Class 3 Felony:
Crimes such as:
Penalties include: a term of imprisonment of not less than (5) years nor more that (20) twenty, and a fine up to $100,000.00.
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Class 4 Felony:
Includes offenses like a. malicious shooting at occupied building or vehicle, discharging a firearm in a school, carnal knowledge of minor (a child 13 years old but under 15 years old), forgery, breaking entering into vehicles, administering drugs or using means to destroy an unborn child or to cause an abortion or miscarriage, pandering (leaving spouse in a “bawdy place” for prostitution), leaving wife to commit unlawful sexual acts, knowing and receiving money from earnings of prostitution, and certain attempted sex crimes.
Penalties include: imprisonment of not less than (2) two years and not more than (10) years, and a fine of not greater than $100,000.00.
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Class 5 Felony
Some crimes which may be classified as a Felony class 5 include: Perjury, Computer fraud, Possession of Burglary Tools, Forgery and or Uttering with the intent to Defraud, Involuntary Manslaughter (unintentional killings arising out of gross negligence or unlawful acts), Abductions to deprive the victim of his or her liberty (parents may be exceptions), Identity Theft, and Extortion.
Penalties include: a term of not less than (1) one year and no more than (10) ten, or confinement in jail for no more than (12) twelve months. A fine of $2,500 or under may be imposed.
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Class 6 Felony
Felony 6 crimes include, but are not limited to: Credit Card fraud involving $1,000.00 and more, attempted Aggravated Sexual Battery, Assault and Battery on a police officer, Unlawful Wounding, Strangulation, Computer trespass, Transporting minors for Immoral purposes, some firearm crimes, Breaking and Entering with intent to commit a misdemeanor, Unlawful Discharge of a Firearm in an occupied building, DWI third offense within 5 or 10 years, and Identity Fraud.
Penalties: A Class (6) Felony is the least serious felony in a sense, since the maximum punishment shall be no more than (5) five years. A Judge or Jury may impose at least (1) one year imprisonment or up to (12) months in jail. The maximum fine is $2,500.00.
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Unclassified Felonies
There are unclassified felonies in the Commonwealth of Virginia which are not covered in the Felony 1 through Felony 6 category. An example may be Grand Larceny of Use of a Firearm in the commission of a felony.
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Mandatory Time
There are some statutes which require a mandatory time served.
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What are some additional consequence if one is convicted of a felony?
Beyond incarceration and fines, a felony conviction can impact many aspects of your life:
In some cases, your attorney may be able to have felony charges reduced to a misdemeanor through plea negotiations. Though a misdemeanor is still a criminal conviction, it carries far fewer long-term consequences. Of course, the best result is a dismissal.
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What Is a Misdemeanor in Virginia?
A misdemeanor is considered a less serious offense than a felony. Misdemeanors are generally all other crimes which are not punishable in a state correctional facility.
Class 1 Misdemeanor
The most serious misdemeanors. Examples include:
A class 1 misdemeanor conviction may carry jail time of up to (12) twelve months, fines of up to $2,500.00, court costs, and a permanent criminal record. Additional consequences with certain charges may include loss of license, required evaluations and classes, volunteer service, interlock, and protective orders.
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Class 2 Misdemeanor
Examples include:
Driving without a license - Virginia Code Ann. 46.2-300
Possession of Schedule IV Drugs (e.g., Xanax, Valium) - Virginia Code Ann. 18.2-250
Penalties may include jail time or a loss of license.
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Infractions: (Violations under certain ordinances) are not misdemeanors. Examples may include lesser speeding tickets, failure to pay full time attention, or disobeying a traffic signal.
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Why You Should Take Misdemeanor Charges Seriously
While misdemeanors may seem less intimidating than felonies, a conviction may still carry lasting consequences. A conviction can:
Can Misdemeanors Become Felonies?
People often ask whether multiple misdemeanor convictions can “add up” to a felony. There’s no exact formula, but repeated offenses—particularly in cases like domestic violence, simple assault, larceny, and concealment – may lead to a felony charge, especially if the prosecutor sees a pattern of behavior which is not being corrected.
Conversely, an experienced criminal defense attorney, such as Sheryl Shane may also negotiate and reduce felonies down to misdemeanors, resulting in lesser consequences or obtain a dismissal for her client.
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What are Local Ordinances
Ordinances are local laws that apply within the jurisdiction of the enacting locality and are not public laws. A crime is defined as an act that violates public law. Although a violation of an ordinance may be considered an offense and is not a crime in the strictest sense, a violation may be treated as criminal in nature for enforcement purposes so long as the penalty does not exceed penalties proscribed in a class 1 misdemeanor.
Examples of Ordinances
Examples include Fairfax County municipal code: 82-4-1 (reckless general) which is similar to State law Va. Code Ann. 46.2-852 and Fairfax municipal code 82-4-2 (high speeds) which is similar to Va. Code Ann. 46.2-862.
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Do I Need an Attorney for a Misdemeanor or Felony in Virginia?
No one looks forward to having to pay a private criminal attorney to go to court – but when you are facing a felony or misdemeanor in the Virginia courts, legal representation is not just helpful, but it is critical. You need someone who takes the time to request and review the police reports, watches the videos warn by all the police, reviews yours and the witness statements. An attorney who knows the law and is familiar with computer forensics, DNA, fingerprints, ballistics, radar and lidar devices, blood alcohol testing procedures, strangulation exams, and rape tests.
With (31) years of experience, Criminal Attorney Sheryl Shane understands what it takes to protect your legal rights.
Understand, criminal defense is not a job for guesswork or representation by someone inexperienced, or someone who is strapped for time due to an overburdened system. Use knowledge and experience as your protection. Telephone Criminal Lawyer Sheryl Shane at 703 582 8119. There is a zero – obligation telephone consultation.
Virginia Criminal Attorney Sheryl Shane serves the entire Northern Virginia area – counties including, but not limited to Fairfax, Arlington, Alexandria, Prince Willaim, Falls Church, Frederick, Loudoun, and Stafford.
Office Location: 4015 Chain Bridge Road, Suite J. Fairfax, Virginia 22030
Disclaimer: This site contains general information only. It is not intended to give legal advice, nor does it substitute for the professional judgement of a licensed Virginia Attorney. For legal advice – please call Attorney Sheryl Shane at 703 582 8119.
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