Virginia Criminal Defense Attorney Representing Individuals Charged with Felony Offenses

FELONY OFFENSES: In the Commonwealth of Virginia, felony offenses are those offenses punishable by a maximum penalty of death or a term of confinement in a State Correctional Facility. The Code of Virginia categorizes Felony offenses into six (6) categories.

What are the Different Types of Felony Offenses in Virginia and What are the Penalties for a Felony Conviction?

Class 1 Felony: In the Commonwealth of Virginia, a class 1 felony is punishable by death or imprisonment for life and, a fine of up to $100,000. If an individual convicted of a class 1 felony committed prior to reaching the age of eighteen (18) or, the individual is over the age of 18 and determined to have an intellectual disability, the punishment upon conviction of a class 1 felony shall not exceed life imprisonment and a fine of $100,000. Examples of class 1 felony offenses in Virginia include:

• Capital Murder

Class 2 Felony: In the Commonwealth of Virginia, a class 2 felony is punishable by a term of imprisonment for life but, shall not be less than a term of twenty (20) years and, a fine of up to $100,000. Examples of class 2 felony offenses in Virginia include:

• Murder (other than capital murder)
• Aggravated Malicious Wounding
• Burglary while Armed
• Abduction with intent to Extort Money or for Immoral Purposes

Class 3 Felony: In the Commonwealth of Virginia, a class 3 felony is punishable by a term of imprisonment not to exceed twenty (20) years but, shall not be less than five (5) years and a fine of up to $100,000. Examples of class 3 felony offenses in Virginia include:

• Malicious Wounding
• Burglary
• Conspiracy to Commit an offense punishable by death

Class 4 Felony: In the Commonwealth of Virginia, a class 4 felony is punishable by a term of imprisonment not to exceed ten (10) years but, shall not be less than two (2) years and, a fine of up to $100,000. Examples of class 4 felony offenses in Virginia include:

• Forging Public Records
• Attempts to Commit Certain Non-Capital Felony Offenses (Punishable by more than 20 Years Imprisonment and up to Life Imprisonment)

Class 5 Felony: In the Commonwealth of Virginia, a class 5 felony is punishable by a term of imprisonment not to exceed ten (10) years but shall not be less than one (1) year. A jury or a court hearing a class 5 felony may, in its discretion, fix punishment at up to twelve (12) months in jail and a fine of up to $2,500, either or both. Examples of class 5 felony offenses in Virginia include:

• Voluntary Manslaughter
• Involuntary Manslaughter
• Abduction (“Kidnapping”)
• Possession of a Schedule 1 or 2 Controlled Substance
• Attempts to Commit Certain Non-Capital Felony Offenses (Punishable by a maximum of 20 Years Imprisonment)
• Conspiracy to Commit a Non-Capital Felony
• Credit Card Forgery
• Forgery & Uttering

Class 6 Felony: In the Commonwealth of Virginia, a class 6 felony is punishable by a term of imprisonment not to exceed five (5) years but shall not be less than one (1) year. A jury or a court hearing a class 6 felony may, in its discretion, fix punishment at up to twelve (12) months in jail and a fine of up to $2,500, either or both. Examples of class 6 felony offenses in Virginia include:

• Unlawful Wounding
• Attempts to Commit Certain N0n-Capital Felony Offenses (Punishable by less than 20 Years Imprisonment)
• Assault on a Law Enforcement Officer
• Assault & Battery on a Family or Household Member (“Domestic Assault”) 3rd or Subsequent Offense Committed within a 20 year period

In addition to the six classes of felonies enumerated in the Code of Virginia, certain felony offenses are considered “Unclassified” which means that the punishment does not fall into either of the 6 classes of felonies. The penalty range for an unclassified felony depends on the particular charge. Examples of unclassified felonies in Virginia include:

• Grand Larceny
• Manufacturing and Distribution or Possession with Intent to Manufacture or Distribute Controlled Substances
• Rape
• Robbery
• Use of a Firearm in the Commission of a Felony
• Possession of a Firearm after previously being convicted of a felony
• Credit Card Theft
• Receiving Stolen Property

Contact a Virginia Criminal Defense Attorney for a Free Consultation

If you are accused of a felony offense in the Commonwealth of Virginia, contact The Saunders Law Firm, PLLC, to speak with an experienced Virginia Criminal Defense Attorney for assistance in defending against such allegations. To set up a free initial consultation at our Fairfax office, call 703-672-0808 or contact us online.