Class 1 Misdemeanors

Class 1 misdemeanors are the most serious misdemeanors in Virginia. A Class 1 misdemeanor is punishable by:

  • up to 12 months in jail
  • a fine of up to $2,500, or
  • both.

(Va. Ann. Code §§ 18.2-11, 18.2-12.)

Class 2 Misdemeanors

Class 2 misdemeanors are punishable by:

  • up to six months in jail
  • a fine of up to $1,000, or
  • both.

(Va. Ann. Code § 18.2-11.)

For example, possession of drug paraphernalia in Virginia is a Class 2 misdemeanor. For more information on crimes involving marijuana, see Virginia Marijuana Laws.

Class 3 and 4 Misdemeanors

Class 3 and 4 misdemeanors, the least serious misdemeanors, are punishable by fines, but no jail time. A Class 3 misdemeanor is punishable by a fine of up to $500. A Class 4 misdemeanor is punishable by a fine of up to $250. (Va. Ann. Code § 18.2-11.)

Class 1 Felonies

Under Virginia’s laws, the most serious felonies are Class 1 felonies, punishable by life imprisonment and a fine of up to $100,000. If the defendant was over the age of 18 at the time of the offense and not mentally retarded, Class 1 felonies may also be punishable by death. Murder is an example of a Class 1 felony.

(Va. Ann. Code § 18.2-10.)

Class 2 Felonies

A Class 2 felony is punishable by imprisonment for 20 years’ to life and a fine of up to $100,000. (Va. Ann. Code § 18.2-10.)

Aggravated malicious wounding (intentionally causing another permanent and significant physical impairment) is an example of a Class 2 felony in Virginia.

For more information on this and related crimes, see Malicious and Unlawful Wounding in Virginia.

Class 3 Felonies

A conviction for a Class 3 felony can result in a prison term of five to 20 years and a fine of up to $100,000. (Va. Ann. Code § 18.2-10.)

Malicious wounding (purposely causing another injury with the intent to kill, disfigure, or disable) is a Class 3 felony in Virginia.

Class 4 Felonies

A Class 4 felony is punishable by two to ten years’ imprisonment and a fine of up to $100,000. (Va. Ann. Code § 18.2-10.)

Pimping is a Class 4 felony in Virginia. For more information on prostitution and related crimes and penalties, see Prostitution, Pimping, and Pandering Laws in Virginia.

Class 5 Felonies

Class 5 felonies are “wobblers,” crimes that can be either a felony or a misdemeanor, depending on how the crime is charged and, sometimes, how the judge or jury decides to treat a conviction. Class 5 felonies in Virginia are punishable by:

  • one to ten years in prison (when the conviction is a felony), or
  • up to 12 months in jail and a fine of $2,500 (misdemeanor).

(Va. Ann. Code § 18.2-10.)

Battery (causing injury to another) by a prisoner is a Class 5 felony. For more information on assault and battery penalties, see Virginia Felony Assault and Battery Laws and Virginia Assault & Battery Laws.

Class 6 Felonies

Class 6 felonies are the least serious felonies in Virginia. Like Class 5 felonies, Class 6 felonies are wobblers, punishable by:

  • one to five years in prison (felony), or
  • up to 12 months in jail and a fine of $2,500.

(Va. Ann. Code § 18.2-10.)

Donating or attempting to donate blood infected by human immunodeficiency virus (HIV) is an example of a Class 6 felony.

For more information on this and similar crimes, see Transmitting an STD in Virginia.

List Of Common Misdemeanors & Felonies (Click for more details):

Obstruction of Justice (Va. Code 18.2-460):

A. If any person without just cause knowingly obstructs a judge, magistrate,justice, juror, attorney for the Commonwealth, witness or any law-enforcementofficer in the performance of his duties as such or fails or refuses withoutjust cause to cease such obstruction when requested to do so by such judge,magistrate, justice, juror, attorney for the Commonwealth, witness, orlaw-enforcement officer, he shall be guilty of a Class 1 misdemeanor.

B. If any person, by threats or force, knowingly attempts to intimidate orimpede a judge, magistrate, justice, juror, attorney for the Commonwealth,witness, or any law-enforcement officer, lawfully engaged in his duties assuch, or to obstruct or impede the administration of justice in any court, heshall be deemed to be guilty of a Class 1 misdemeanor.

C. If any person by threats of bodily harm or force knowingly attempts tointimidate or impede a judge, magistrate, justice, juror, witness, or anylaw-enforcement officer, lawfully engaged in the discharge of his duty, or toobstruct or impede the administration of justice in any court relating to aviolation of or conspiracy to violate 18.2-248 or subdivision (a) (3), (b)or (c) of 18.2-248.1, or 18.2-46.2 or 18.2-46.3, or relating to theviolation of or conspiracy to violate any violent felony offense listed insubsection C of 17.1-805, he shall be guilty of a Class 5 felony.

D. Any person who knowingly and willfully makes any materially falsestatement or representation to a law-enforcement officer who is in the courseof conducting an investigation of a crime by another is guilty of a Class 1misdemeanor.

Assault & Threat Misdemeanors
Reckless handling of a firearm (18.2-56.1(A))
Simple Assault (18.2-27(A))
Stalking (18.2-60.3(A))
Brandish or point a firearm (18.2-282(A))
Contributing to the Delinquency of a Minor (A18.2-371(i))
Threatening phone calls (18.2-427)

Drugs & Alcohol Misdemeanors
Alcohol purchase or possession by a person under 21 (4.1-305(a))
Drunk in Public (4.1-322)
Distribution of Marijuana (18.2-248.1(a)(1))
Possession of Marijuana (18.2-250.1)
Possession of Paraphernalia (54.1-3466)

Larceny & Fraud
Petit Larceny – 18.2-96(2)
Fraudulent sale of goods (18.2-101)
Shoplifting/Altering Price Tags (18.2-103)
Receiving stolen property (18.2-108)
Embezzlement (18.2-111)
Obtaining money by false pretenses (18.2-178)
Bad check (18.2-181)
Identity Fraud (18.2-186.3)

Traffic & DWI
DWI (18.25-266)
Driving on Suspended (18.2-272)
No Operator’s License (46.2-300)
Reckless Driving (46.2-852)

Miscellaneous
Violation of a protective order (16.1-253.2)
Trespass (18.2-119)