Circuit Court Clerk's Office

Virginia Code § 18.2-8. Felonies, misdemeanors and traffic infractions defined.

Offenses are either felonies or misdemeanors. Such offenses as are punishable with confinement in a state correctional facility are felonies; all other offenses are misdemeanors. Traffic infractions are violations of public order as defined in § 46.2-100 and not deemed to be criminal in nature.

Misdemeanors are classified for the purposes of punishment and sentencing into four classes. Felonies are classified for the purposes of punishment and sentencing into six classes.

Virginia Code § 18.2-11. Punishment for conviction of misdemeanor.
The authorized punishments for conviction of a misdemeanor are:
(a) For Class 1 misdemeanors confinement in jail for not more than twelve months and a fine of not more than $2,500 either or both.
(b) For Class 2 misdemeanors confinement in jail for not more than six months and a fine of not more than $1,000 either or both.
(c) For Class 3 misdemeanors a fine of not more than $500.
(d) For Class 4 misdemeanors a fine of not more than $250.

For a misdemeanor offense prohibiting proximity to children as described in subsection A of Virginia Code § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.

Virginia Code § 18.2-10. Punishment for conviction of felony; penalty. The authorized punishments for conviction of a felony are:

1. For Class 1 felonies death if the person so convicted was 18 years of age or older at the time of the offense and is not determined to be mentally retarded pursuant to Virginia Code § 19.2-264.3:1.1 or imprisonment for life and subject to subdivision (g) a fine of not more than $100,000. If the person was under 18 years of age at the time of the offense or is determined to be mentally retarded pursuant to Virginia Code § 19.2-264.3:1.1 the punishment shall be imprisonment for life and subject to subdivision (g) a fine of not more than $100,000.
2. For Class 2 felonies imprisonment for life or for any term not less than 20 years and subject to subdivision (g) a fine of not more than $100,000.
3. For Class 3 felonies a term of imprisonment of not less than five years nor more than 20 years and subject to subdivision (g) a fine of not more than $100,000.
4. For Class 4 felonies a term of imprisonment of not less than two years nor more than 10 years and subject to subdivision (g) a fine of not more than $100,000.
5. For Class 5 felonies a term of imprisonment of not less than one year nor more than 10 years or in the discretion of the jury or the court trying the case without a jury confinement in jail for not more than 12 months and a fine of not more than $2,500 either or both.
6. For Class 6 felonies a term of imprisonment of not less than one year nor more than five years or in the discretion of the jury or the court trying the case without a jury confinement in jail for not more than 12 months and a fine of not more than $2,500 either or both.
7. Except as specifically authorized in subdivision (e) or (f) or in Class 1 felonies for which a sentence of death is imposed the court shall impose either a sentence of imprisonment together with a fine or imprisonment only. However, if the defendant is not a natural person the court shall impose only a fine.

For any felony offense committed (i) on or after Jan. 1, 1995 the court may and (ii) on or after July 1, 2000 shall except in cases in which the court orders a suspended term of confinement of at least six months impose an additional term of not less than six months nor more than three years which shall be suspended conditioned upon successful completion of a period of post-release supervision pursuant to Virginia Code § 19.2-295.2 and compliance with such other terms as the sentencing court may require. However such additional term may only be imposed when the sentence includes an active term of incarceration in a correctional facility.

For a felony offense prohibiting proximity to children as described in subsection A of Virginia Code § 18.2-370.2 the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.