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Punishments for Misdemeanors in Virginia

A person charged or arrested for a crime in Virginia may be subject to punishment for a felony or a misdemeanor. Knowing what the range of punishment for the charge is an important consideration in deciding whether to retain an attorney to defend the charge. The other consideration one should make is whether he or she desires to have a permanent criminal record if convicted, especially if he or she does not believe they are guilty of the offense charged.

In Virginia, misdemeanor offenses are those that are punished by no more than a year in prison. Many misdemeanors are punishable by fines, with no jail time. The punishments possible are set forth in the Virginia Code. The arrest warrant or summons issued will state the Code section alleged to have been violated that forms the basis of the charge, and also the class of misdemeanor offense so that the arrestee will know the range of punishment that the charge carries upon conviction.

A Class 1 misdemeanor is the most serious. A person convicted of Reckless Driving, DUI/DWI, Assault & Battery, or petit larceny -- for example -- will face punishment for a Class 1 misdemeanor. The penalty is a jail term of up to 12 months, a fine of up to $2,500.00, either or both. This means that the court may assess both jail time and a fine within those limits.

For conviction of a Class 2 misdemeanor, the punishment range is reduced. A person convicted of a Class 2 misdemeanor can recieve a jail sentence of up to 6 months, and a fine of not more than $1,000.00.

No jail time is associated with conviction of either a Class 3 or Class 4 misdemeanor; only fines may be assessed. For a Class 3 misdemeanor, the judge may impose a fine of not more than $500.00, and for a Class 4 misdemeanor, a fine of not more than $250.00.