The 4 Classes of Misdemeanors in Virginia

Crimes in Virginia are classified as either misdemeanors or felonies. Misdemeanors are any crimes that are punished with 12 months or less in jail.  Felonies are crimes that are punished by more than one year in prison.  Both misdemeanors and felonies in Virginia can also be punished with fines and driver’s license suspension.

This post focuses on the 4 different levels of misdemeanors in Virginia and their punishments.

Misdemeanors in Virginia can be punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension.  DUI, Reckless Driving, driver’s license violations and drug convictions can all result in driver’s license suspension.

4 Classes of Misdemeanors in Virginia

There are 4 different levels, or “classes,” of misdemeanors in Virginia.  They are Class 1 misdemeanors, Class 2 misdemeanors, Class 3 misdemeanors, and Class 4 misdemeanors.

In Virginia, Class 1 and 2 misdemeanors can be punished with jail time.  As a result, anyone accused of a Class 1 or 2 misdemeanor has a right to an attorney.  If the person cannot afford an attorney, he can be interviewed to see if he qualifies for court-appointed counsel.

Class 3 and 4 misdemeanors in Virginia are not punished with any jail time.  They are punished with fines.  Anyone charged with a Class 3 or Class 4 misdemeanor in Virginia will not have the opportunity to be interviewed for a court-appointed attorney.

Class 1 Misdemeanors

A Class 1 misdemeanor is the highest level of misdemeanor in Virginia.  It is punished with up to 12 months in jail, a fine up to $2500, or both.  It can also be punished with driver’s license suspension for certain offenses.  Common Class 1 misdemeanors in Virginia include Trespass, Assault, Petty Larceny, and Possession of a Schedule III controlled substance.

There are also a number of traffic offenses which are actually crimes in Virginia.  DUI, Reckless Driving, a second offense driving without a license charge and driving on a suspended license are all charged as Class 1 misdemeanors.  If convicted, they can all be punished by jail time and high fines.  Most are also punished with mandatory driver’s license suspension.

Class 2 Misdemeanors

Class 2 misdemeanors in Virginia are punished with up to 6 months in jail, a fine of up to $1000, or both.  Common Class 2 misdemeanors in Virginia include Possession of a Schedule IV Controlled Substance and a first offense driving without a license charge.

Class 3 Misdemeanors

Class 3 misdemeanors in Virginia are punished with a fine up to $500.  Common Class 3 misdemeanors in Virginia include possession of a Schedule V Controlled Substance and destruction of property with intent to steal.

Class 4 Misdemeanors

Class 4 misdemeanors in Virginia are punished with a fine up to $250.  This is the lowest level of misdemeanor in Virginia.  Common Class 4 misdemeanors in Virginia include drunk in public and Possession of a Schedule VI Controlled Substance.

Statute of Limitations

The Commonwealth is required to bring charges within a certain amount of time after a crime is committed in Virginia.  This is called a “statute of limitations.”  The statute of limitations for most misdemeanors in Virginia is one year.  There are certain, specific misdemeanors with different (longer) statutes of limitations.  For more information on these crimes, click here.

Consequences of Misdemeanor Convictions in Virginia

Criminal charges in Virginia need to be taken seriously.  Even a misdemeanor conviction will go on a person’s permanent criminal record.  The conviction cannot be expunged.  This means that the criminal conviction can never be erased.

 

 

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