Punishment for Conviction of a Felony in Virginia

In Virginia, punishments for felonies vary by degree; as common sense dictates, the more serious the crime, the more severe the punishment. Sentences upon conviction are determined by the range of penalty specified in the charging statute.

The most serious punishment is reserved for those convicted of Class 1 felonies, such as murder. If the person is over 18 at the time of the commission of the offense and mentally comepetent, the maximum penalty is death. Otherwise, the penalty is life in prison.

Class 2 felonies are punishable by a long prison term. The minimum amount of time one convicted must serve is 20 years, but life imprisonment is also a possibility.

A person charged and convicted of a Class 3 felony in Virginia --- an example of which is malicious wounding -- faces the possibility of serving at least 5 years and prison, and possibly, 20 years.

Class 4  felonies and Class 5 felonies are punished by minimum sentences of imprisonment for 2  years and 1 year, respectively, with a maximum penalty for each being 10 years imprisonment. However, for a Class 5 felony conviction, in the discretion of the judge or jury, the sentence may be reduced to up to 12 months in jail, and a fine of up to $2,500.00.

The most lenient punishment is reserved for those convicted of Class 6 felonies. The maximum penalty is 5 years imprisonment, and the minimum penalty of confinement is 1 year in prison. However, here too, the judge or jury may elect to assess a punishment of up to 12 months in jail and a fine of no more than $2,500.00.