Felonies and Misdemeanors in Virginia: Penalties, Classes, and Consequences
Misdemeanor or Felony? How Virginia Classifies Criminal Charges
When you’re facing criminal charges in Virginia, one of the first questions is whether the offense is classified as a misdemeanor or a felony. This classification matters — it determines the potential penalties, long-term consequences, and even where your case will be heard.
At Battlefield Law Group, PLLC, we defend clients across Northern Virginia, including Prince William, Fairfax, Loudoun, Fauquier, and Stafford counties. Here’s a clear breakdown of how Virginia law distinguishes between misdemeanors and felonies, what’s at stake, and why experienced legal representation matters.
What Is a Misdemeanor in Virginia?
A misdemeanor is generally considered a less severe criminal offense than a felony, but it can still carry serious penalties and long-term consequences.
Virginia Misdemeanor Classes & Penalties (Va. Code § 18.2-11)
Class 1 – Up to 12 months in jail, up to $2,500 fine (e.g., DUI 1st offense, assault & battery, petit larceny)
Class 2 – Up to 6 months in jail, up to $1,000 fine
Class 3 – Fine up to $500
Class 4 – Fine up to $250
Examples of Misdemeanor Offenses
Even a misdemeanor conviction creates a permanent criminal record in Virginia, there’s no automatic expungement.
What Is a Felony in Virginia?
A felony is a more serious criminal offense that typically involves harsher penalties, including prison time, higher fines, and lasting loss of rights.
Virginia Felony Classes & Penalties (Va. Code § 18.2-10)
Class 1 – Life in prison or death (capital crimes)
Class 2 – 20 years to life in prison, up to $100,000 fine
Class 3 – 5–20 years in prison, up to $100,000 fine
Class 4 – 2–10 years in prison, up to $100,000 fine
Class 5 – 1–10 years in prison (or up to 12 months in jail), up to $2,500 fine
Class 6 – 1–5 years in prison (or up to 12 months in jail), up to $2,500 fine
Examples of Felony Offenses
DUI/DWI 3rd offense (within 10 years)
Grand larceny (theft over $1,000)
Key Differences: Misdemeanor vs. Felony in Virginia
Severity
Misdemeanors are less serious offenses; felonies are more serious crimes with higher stakes.
Possible Incarceration
Misdemeanor: Up to 12 months in a local jail.
Felony: One year to life in state prison (some classes allow a local-jail alternative at the low end).
Fines
Misdemeanor: Up to $2,500.
Felony: Up to $100,000 (depending on class).
Court Where the Case Is Heard
Misdemeanor: Usually starts and ends in General District Court (jury trials occur in Circuit Court if appealed).
Felony: Heard in Circuit Court after initial proceedings.
Long-Term Impact
Misdemeanor: Criminal record that can affect employment, housing, and licensing.
Felony: All the above plus potential loss of civil rights (voting, jury service, firearms) unless restored.
Examples (Not Exhaustive)
Misdemeanor: DUI 1st offense, reckless driving, petit larceny (under the statutory threshold).
Felony: DUI 3rd offense (within 10 years), grand larceny (over the threshold), burglary, malicious wounding, drug distribution.
Why It Matters
Felony convictions carry harsher sentences and broader collateral consequences. Prior convictions—misdemeanor or felony—can increase penalties in future cases.
Why the Classification Matters
Sentencing Severity – Felony convictions almost always mean harsher punishments.
Loss of Rights – Felonies can result in loss of voting rights, ability to hold certain jobs, and firearm ownership.
Public Record – Both misdemeanors and felonies become part of your permanent record in Virginia.
Future Penalties – Prior convictions can increase penalties for future offenses.
Defending Against Misdemeanor or Felony Charges
Whether you’re charged with a misdemeanor or felony, the stakes are high. At Battlefield Law Group, we:
Analyze the evidence for procedural errors or constitutional violations
Challenge unlawful searches or traffic stops
Seek charge reductions or dismissal when possible
Prepare cases for trial when that’s the best path forward
Know Your Rights
If you’re stopped, questioned, or arrested:
You have the right to remain silent
Do not consent to searches of your person, vehicle, or home
Ask if you are free to leave
Read more about your rights here: Know Your Rights – Battlefield Law Group
Get Legal Help Today
Facing criminal charges? A misdemeanor and a felony both can alter your life. Don’t face it alone. Call Battlefield Law Group, PLLC at 571-364-0500 or contact us online for a confidential consultation. We serve clients throughout Northern Virginia, including Prince William, Fairfax, Loudoun, Fauquier, Stafford, Culpeper, Alexandria, and surrounding areas.
