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What Is the Difference Between a Misdemeanor and a Felony in Virginia?

 Posted on May 07, 2025 in Criminal Defense

Prince William County, VA criminal defense lawyerThe distinction between a misdemeanor and a felony is important to understand in Virginia. Many crimes fall under the umbrella of only one or the other, but other crimes have the potential to be charged as both. If you are facing criminal charges, it is important that you understand the difference between the two and what types of penalties you may be facing.

Felony charges, such as most violent crimes, carry harsher sentences and can cause negative collateral consequences to your life after you are done serving your sentence. They will result in your loss of certain civil liberties, such as your right to possess firearms or vote. The law generally punishes misdemeanors less severely than felonies, but they also can have serious consequences for housing, employment, and eligibility for social services.

If you were recently charged with a misdemeanor or felony, you should speak with an experienced Bristow, Virginia criminal defense attorney immediately.

How Does Virginia Law Define Felonies and Misdemeanors?

In Virginia, a felony crime can be punishable with active prison time and may include a significant fine. There are six classes of felonies with varying sentencing ranges. A Class 6 felony is the least severe and a Class 1 felony is the most severe. For example, receiving a third DUI offense within 10 years would be a Class 6 felony, but aggravated murder is a Class 1 felony.

Charges classified as misdemeanors are lesser crimes than felonies and are generally punishable by up to a year in local jail and a possible fine. Some misdemeanors do not mandate jail time at all. Misdemeanors have four classes. Class 4 crimes, such as public intoxication, carry no jail time, and Class 1 crimes, like reckless driving, allow both jail time and a fine.

What Is the Punishment for a Misdemeanor in Virginia?

According to the Code of Virginia statute 18.2-11, the punishments for misdemeanors by classification include:

  • Class 1: No more than 12 months in jail and/or a fine of up to $2,500

  • Class 2: No more than six months in jail and/or a fine of up to $1,000

  • Class 3: A maximum fine of $500

  • Class 4: A maximum fine of $250

Some offenses may incur additional penalties that are specific to that offense. For example, certain traffic violations may also result in a license suspension.

What Is the Punishment for a Felony in Virginia?

According to Virginia statute 18.2-10, the punishments for felonies include:

  • Class 1: Up to life in prison and a fine of up to $100,000

  • Class 2: Between 20 years to life in prison and a fine of up to $100,000

  • Class 3: Between five and 20 years in prison and a possible fine of no more than $100,000

  • Class 4: Between two and 10 years in prison and a fine of up to $100,000

  • Class 5: Between one and 10 years in prison and a fine of up to $2,500

  • Class 6: Up to five years in prison and a maximum fine of $2,500

Additionally, if the person convicted of a Class 1 felony was at least 18 years old when they committed the offense, they will not be eligible for parole or conditional release.

Contact a Prince William County, VA Criminal Defense Attorney Today

For a better understanding of how Virginia law applies to your charges, speak with the Bristow, VA criminal defense lawyer at Whitlock Law today. Call 703-576-5005 to schedule your free consultation today. We serve clients across Northern Virginia.

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