Virginia Charges for Crimes by Felony Class

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In Virginia, felonies are crimes punishable by over one year in prison. Some Virginia felonies are also punishable by fines, but the primary determination for the nature of the crime is the prison sentence.

Felony Sentencing and Convictions in Virginia

There are six classes of felonies in Virginia, from Class One through Class Six.

Felony Classification Criminal Charge Sentencing: Jail Time and Fines

Class 1 Felony

  • capital murder
  • rape

Death, imprisonment for life and a fine up to $100,000.00

Class 2 Felony

  • murder
  • manslaughter
  • sexual crimes
  • robbery
  • kidnapping

Imprisonment for life or for a minimum of 20 years and a fine of up to $100,000.00

Class 3 Felony

  • manslaughter
  • drug crimes
  • kidnapping
  • Abduction by prisoners
  • theft

Imprisonment for 5-20 years and a fine of up to $100,000.00

Class 4 Felony

  • manslaughter
  • white collar crimes
  • drug crimes
  • tax crimes

Imprisonment for 2-10 years and a fine of up to $100,000.00

Class 5 Felony

  • assisting in a kidnapping
  • DUI

 

The jury or court may choose imprisonment for one to 10 years or jail for up to 12 months and a fine of up to $2,500, either or both.

Class 6 Felony

  • violation of court order regarding child custody/visitation outside of jurisdiction
  • reckless endangerment of others by throwing objects from one story or higher

The jury or court may choose imprisonment for one to five years or jail for up to 12 months and a fine of up to $2,500, either or both.

 

Virginia Felony Records and Expungement

Generally, in Virginia, felony records are not subject to being expunged.  The only time felony records may be expunged are if the charges were dropped, there was an acquittal, there was an absolute pardon, or there was a proven case of identity theft.

Statute of Limitations for Felonies

The following limitations apply to the prosecution of certain types of examples of felonies in the State of Virginia:

  • No limitation:  Murder, manslaughter
  • 20 years: kidnapping, arson, manslaughter, rape, sexual offenses
  • 10 years: grand larceny, tax crimes, sexual offenses
  • 5 years: cruelty to animals, petit larceny
  • 3 years: malfeasance in public office
  • 2 years:  making false presentation under VA Unemployment Compensation Act to receive benefits, attempt to evade or failure to pay taxes, violation of laws in the discharge, dumping, or emission of a toxic substance

See all Criminal Statutes of Limitations in Virginia

Help from a Lawyer in Virginia

If one is charged with a felony in Virginia, one should consider retaining an experienced criminal attorney.  An experienced attorney can not only review one’s case in order to determine what options one may have, but also an attorney can help to preserve one’s rights.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

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