Virginia Felony Classes and Misdemeanor Penalties (2026)

Virginia sorts offenses by where they can be punished: "Such offenses as are punishable with confinement in a state correctional facility are felonies; all other offenses are misdemeanors" (Va. Code 18.2-8). Felonies fall into six classes, from Class 1 (life imprisonment) to Class 6 (1 to 5 years in prison, or up to 12 months in jail), and misdemeanors into four, from Class 1 (up to 12 months in jail and a $2,500 fine) to Class 4 (a fine of up to $250) (Va. Code 18.2-9 to 18.2-11).

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers how the Code of Virginia classifies offenses and the class-based punishment, sentencing-guideline, parole, probation and revocation sections (Va. Code 18.2-8 to 18.2-14, 17.1-803, 19.2-295.2, 19.2-298.01, 19.2-298.02, 19.2-297.1, 19.2-303, 19.2-303.1, 19.2-304, 19.2-306, 19.2-306.1 and 53.1-165.1), with the main repeat-offender statutes. It does not cover how individual offenses are graded (see the Virginia theft laws and Virginia assault and battery laws pages), time limits for prosecution, record clearing, traffic-infraction penalties, local ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Virginia

Va. Code 18.2-8 sets the line in three sentences:

"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."

The test is what the offense is punishable with, not a number of months. That matters because the two lowest felony classes have a jail option: a Class 5 or Class 6 felony may be punished by up to 12 months in jail instead of a prison term (Va. Code 18.2-10(e)-(f)), which is the same jail ceiling as a Class 1 misdemeanor (Va. Code 18.2-11(a)).

The classes themselves come from Va. Code 18.2-9:

"(1) Felonies are classified, for the purposes of punishment and sentencing, into six classes ... (2) Misdemeanors are classified, for the purposes of punishment and sentencing, into four classes"

Where an offense has a class, its own statute states it. The felon-in-possession statute, for example, says a person who violates it "is guilty of a Class 6 felony" (Va. Code 18.2-308.2(A)).

Virginia felony and misdemeanor classes, sentences and fines

These are the ranges for the class itself; Va. Code 19.2-297.1, 18.2-67.5:2 and 18.2-67.5:3, and offense statutes such as 18.2-248 and 18.2-308.2, set higher or mandatory terms for some repeat convictions, described below.

Two rules in Va. Code 18.2-10(g) shape how the felony fines work. First, "Except as specifically authorized in subdivision (e) or (f), the court shall impose either a sentence of imprisonment together with a fine, or imprisonment only," and "if the defendant is not a natural person, the court shall impose only a fine." Second, for felonies committed on or after July 1, 2000, the court must add a suspended term, described in the next section.

A Class 1 felony and a Class 2 felony can carry life imprisonment (Va. Code 18.2-10(a)-(b)); the Virginia life sentence page explains what a life term means there.

How a Virginia felony sentence is set

Discretionary sentencing guidelines

The Virginia Criminal Sentencing Commission keeps guidelines that recommend, rather than fix, a sentence. Under Va. Code 17.1-803, the Commission shall "Develop, maintain and modify as may be deemed necessary, a proposed system of statewide discretionary sentencing guidelines for use in all felony cases," distribute worksheets that "produce a recommended sentencing range for a felony offense," and provide a form for "recording the reason or reasons for any sentence imposed in a felony case which is greater or less than the sentence recommended by the discretionary sentencing guidelines." The duties on the court are in Va. Code 19.2-298.01: "In all felony cases, other than Class 1 felonies," the court must have the worksheets presented to it and "review and consider the suitability of the applicable discretionary sentencing guidelines," and where it imposes a sentence "either greater or less than that indicated by the discretionary sentencing guidelines, the court shall file with the record of the case a written explanation of such departure." The class range in the table is the outer limit, not the typical sentence.

No parole for most felonies

Under Va. Code 53.1-165.1(A), "Any person sentenced to a term of incarceration for a felony offense committed on or after January 1, 1995, shall not be eligible for parole upon that offense." The section has exceptions. One, in subsection F, covers "any person sentenced to a term of life imprisonment for a single felony or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentence," who "shall be eligible for parole."

The required suspended term

Va. Code 18.2-10(g) provides that for any felony committed on or after July 1, 2000, the court "shall, except in cases in which the court orders a suspended term of confinement of at least six months, impose an additional term of incarceration of not less than six months nor more than three years, which shall be suspended conditioned upon successful completion of a period of probation pursuant to § 19.2-295.2." Va. Code 19.2-295.2(A) applies this where the other punishment "includes an active term of incarceration in a state or local correctional facility" and sets the probation for that term at "not less than six months nor more than three years."

Repeat-offender and mandatory-minimum statutes

Several statutes override the class ranges for repeat convictions:

• Third act of violence (Va. Code 19.2-297.1): a person "convicted of two or more separate acts of violence when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in § 53.1-151 between each conviction, shall, upon conviction of a third or subsequent act of violence, be sentenced to life imprisonment and shall not have all or any portion of the sentence suspended," if the prior convictions are admitted or found by the jury or judge. "The Commonwealth shall notify the defendant in writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section." A person sentenced under it "shall not be eligible for parole" or for good conduct allowance or earned sentence credits, except that a person 65 or older who has served at least five years, or 60 or older who has served at least ten years, "may petition the Parole Board for conditional release."
• Second listed violent sexual offense (Va. Code 18.2-67.5:3): on "the second or subsequent such offense," the person shall "be sentenced to life imprisonment and shall not have all or any portion of the sentence suspended," if the prior conviction is admitted or found. The Commonwealth must give notice "in the indictment, information, or warrant, at least thirty days prior to trial."
• Second listed felony sexual offense (Va. Code 18.2-67.5:2): on a second or subsequent conviction of an offense the section lists, the person shall "be sentenced to the maximum term authorized by statute for such offense and shall not have all or any part of such sentence suspended."
• Repeat listed sexual offenses (Va. Code 18.2-67.5:1): where the person "has previously been convicted within the 10-year period immediately preceding the offense charged of two or more of the offenses specified in this section, each such offense occurring on a different date, he is guilty of a Class 6 felony."
• Schedule I or II drug distribution (Va. Code 18.2-248(C)): except as provided in subsection C1, the subsection sets its own range of "not less than five nor more than 40 years" and a fine of up to $500,000. On a second conviction, where the prior conviction is alleged in the warrant, indictment or information, the person may, in the discretion of the court or jury, be sentenced "to imprisonment for life or for any period not less than five years, three years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence," and on a third or subsequent offense, with the two or more prior convictions likewise alleged, the person "shall be sentenced to imprisonment for life or for a period of not less than 10 years, 10 years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence." This is the version of 18.2-248 in effect until July 1, 2027.
• Felon in possession of a firearm (Va. Code 18.2-308.2(A)): a Class 6 felony, but a person who violates the subsection "by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in § 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years," a person who does so after being "previously convicted of any other felony within the prior 10 years" to two years, and the mandatory terms "shall be served consecutively with any other sentence."

Unclassified offenses

Va. Code 18.2-12 fills gaps in the misdemeanor statutes: "A misdemeanor for which no punishment or no maximum punishment is prescribed by statute shall be punishable as a Class 1 misdemeanor." An offense whose statute prescribes a punishment without naming a class "shall be punished according to the punishment prescribed in the section or sections thus defining the offense" (Va. Code 18.2-14), as 18.2-248(C) does for Schedule I or II distribution. A statute that says only that an offense is a misdemeanor makes it a Class 1 misdemeanor (Va. Code 18.2-13).

Can a felony become a misdemeanor in Virginia?

Virginia's classification and punishment sections (Va. Code 18.2-8 to 18.2-12) contain no provision converting a felony into a misdemeanor, the mechanism other states call a "wobbler." Two other provisions bear on it. Va. Code 19.2-298.02 lets a trial court, "with the agreement of the defendant and the Commonwealth," defer a case and continue it for final disposition, which "may include (a) conviction of the original charge, (b) conviction of an alternative charge, or (c) dismissal of the proceedings." On a violation of the terms the court may enter an adjudication of guilt; by consenting to and receiving a deferral and fulfilling its conditions, the defendant waives the right to appeal the final order of guilt (Va. Code 19.2-298.02(B)-(C)). The other is the jail option for the two lowest felony classes. Va. Code 18.2-10(e) and (f) allow, for Class 5 and Class 6 felonies, "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." The statute lists that option among the punishments for the felony class. Many offense statutes set different classes depending on the facts, such as the value of property; the Virginia theft laws page shows how that works for theft.

Traffic infractions and fine-only misdemeanors

Virginia has two low tiers that are easy to confuse:

• Class 3 and Class 4 misdemeanors carry no jail term in the class statute, only "a fine of not more than $500" and "a fine of not more than $250" (Va. Code 18.2-11(c)-(d)). They are still misdemeanors, one of the two kinds of offense under Va. Code 18.2-8.
• Traffic infractions are "violations of public order as defined in § 46.2-100 and not deemed to be criminal in nature" (Va. Code 18.2-8). This page does not cover traffic-infraction penalties.

How long is probation in Virginia?

Virginia ties probation length to the offense's maximum term, with a separate cap on supervision. Va. Code 19.2-303 provides:

"The court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned. Any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The limitation on the period of probation shall not apply to the extent that an additional period of probation is necessary (i) for the defendant to participate in a court-ordered program or (ii) if a defendant owes restitution and is still subject to restitution compliance review hearings in accordance with § 19.2-305.1."

A separate rule in the same section applies "notwithstanding any other provision of law" to convictions under Va. Code 18.2-48, 18.2-61, 18.2-63, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-370 or 18.2-370.1 committed on or after July 1, 2006: if any part of the sentence is suspended, the period of suspension must be "at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned," and the person is placed on probation for that period. For convictions under clause (iii) of 18.2-61(A), 18.2-67.1(A)(1) or 18.2-67.2(A)(1), at least three years of that probation must include active supervision with GPS or similar electronic monitoring (Va. Code 19.2-303).

The period of a suspended sentence follows a similar rule under Va. Code 19.2-303.1: the court "may fix the period of suspension for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned; however, the court may fix the period of suspension for a period not to exceed three years for a violation of § 18.2-67.4 or 18.2-67.4:2," and the limit does not apply where more time is needed "for the defendant to participate in a court-ordered program." For a Class 1 misdemeanor, the statutory maximum is 12 months (Va. Code 18.2-11(a)).

The general authority to suspend is broad: "the court may suspend imposition of sentence or suspend the sentence in whole or part and in addition may place the defendant on probation under such conditions as the court shall determine" (Va. Code 19.2-303). Some statutes take that option away, among others: the third-act-of-violence statute (19.2-297.1) and the repeat sexual-offense statutes (18.2-67.5:2 and 18.2-67.5:3) bar suspending any part of the sentence, and 18.2-248(C) and 18.2-308.2(A) impose mandatory minimum terms served consecutively.

Supervision can also end early. Under Va. Code 19.2-304, "Unless ordered by a court or otherwise prohibited by law, when a defendant is placed on supervised probation for more than one year, the Department of Corrections shall submit a request to the court for termination of such supervised probation after 12 months" if the Department deems the person compliant with all court-ordered conditions and determines the person "has demonstrated adherence to his individualized case plan and poses minimal risk to the community."

What happens after a probation violation in Virginia?

The court may act on a violation that happens during the probation or suspension period. Under Va. Code 19.2-306(A), subject to 19.2-306.2, the court "may revoke the suspension of sentence for any cause the court deems sufficient that occurred at any time within the probation period, or within the period of suspension fixed by the court." If, "after hearing," it "finds good cause to believe that the defendant has violated the terms of suspension," it may revoke and impose a sentence under Va. Code 19.2-306.1 (Va. Code 19.2-306(C)).

Va. Code 19.2-306.1 then limits the sentence by the kind of violation:

• New offense or non-technical violation: if the defendant "was convicted of a criminal offense that was committed after the date of the suspension, or has violated another condition other than (i) a technical violation or (ii) a good conduct violation that did not result in a criminal conviction, then the court may revoke the suspension and impose or resuspend any or all of that period previously suspended" (Va. Code 19.2-306.1(B)).
• First technical violation: "The court shall not impose a sentence of a term of active incarceration upon a first technical violation" (Va. Code 19.2-306.1(C)).
• Second technical violation: there is "a presumption against imposing a sentence of a term of active incarceration," but if the court finds by a preponderance of the evidence that the defendant "cannot be safely diverted from active incarceration through less restrictive means, the court may impose not more than 14 days of active incarceration."
• Third or later technical violation: "The court may impose whatever sentence might have been originally imposed."

Technical violations are a defined list in subsection A of the section, and "a first technical violation based on clause (viii) or (x) of subsection A shall be considered a second technical violation" (Va. Code 19.2-306.1(C)).

These limits do not apply to the extent more incarceration is needed for the defendant to be evaluated for or to participate in a court-ordered drug, alcohol or mental health treatment program, and then the court "shall order the shortest term of incarceration possible" (Va. Code 19.2-306.1(D)). The court may also, after a hearing on reasonable notice, increase the probation period (Va. Code 19.2-304(A)), and may extend probation or a suspended sentence by up to the length of time a defendant absconded (Va. Code 19.2-306(C)).

Recent changes

• 2026: the General Assembly amended Va. Code 19.2-304 (early termination of supervised probation; 2026 Acts cc. 76 and 77), 53.1-165.1 (parole limits; 2026 Acts cc. 367, 984 and 1046) and 18.2-308.2 (firearm possession; 2026 Acts c. 1084). The section text quoted above is the current text.
• 2025: 2025 Acts c. 716 amended Va. Code 18.2-10 and 19.2-295.2.
• 2024: 2024 Acts c. 485 amended Va. Code 19.2-303.1, the suspension-period section.
• 2021: the technical-violation limits in Va. Code 19.2-306.1 come from 2021 Acts, Special Session I, c. 538, which also amended 19.2-303.1; 18.2-10 was amended at the same session (cc. 344 and 345).
• Scheduled: an amendment to subsection D of Va. Code 19.2-298.02 made by 2026 Acts c. 1127 (deferred disposition; expungement eligibility of a dismissed charge) will take effect December 1, 2026, and a different version of 18.2-248 will take effect July 1, 2027. Until those dates the current text described here applies.

The misdemeanor class sections are much older: 18.2-11 was last amended in 2000 (c. 770), and 18.2-9 dates from 1975 (cc. 14, 15) with no later amendment.

Related legal issues in Virginia

The class of a particular offense comes from its own statute. The Virginia theft laws page explains how theft is graded into these classes, and the Virginia assault and battery laws page covers the assault offenses. For clearing an old record, see Virginia expungement laws. For the time limits on bringing charges, see the Virginia statute of limitations.

Federal firearm rule

Federal gun law does not use Virginia's class labels: 18 U.S.C. 922(g)(1) applies to a person convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20)(B) excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are covered on the felony and misdemeanor classes hub.

Related

• Felony and misdemeanor classes by state
• Virginia theft laws
• Virginia assault and battery laws
• Virginia expungement laws
• Virginia life sentence
• Maryland felony and misdemeanor penalties
• North Carolina felony and misdemeanor classes

This article provides general legal information about Virginia offense classes and sentencing statutes, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Virginia.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Virginia?

An offense punishable with confinement in a state correctional facility is a felony; every other offense is a misdemeanor (Va. Code 18.2-8). Before repeat-offender rules, felonies range from Class 6 (1 to 5 years, or up to 12 months in jail) to Class 1 (life), and the most serious misdemeanor class carries up to 12 months in jail (Va. Code 18.2-10, 18.2-11).

What are the felony classes in Virginia?

Six, Class 1 to Class 6 (Va. Code 18.2-9). For the class itself: Class 1 life; Class 2 life or 20 years or more; Class 3 5 to 20 years; Class 4 2 to 10 years; Class 5 1 to 10 years; Class 6 1 to 5 years, with a jail option of up to 12 months and $2,500 for Classes 5 and 6 (Va. Code 18.2-10). Repeat-offender statutes such as Va. Code 19.2-297.1 and 18.2-67.5:3 can require life with no part suspended.

What is a Class 1 misdemeanor in Virginia?

The most serious misdemeanor class: up to 12 months in jail and a fine of up to $2,500, either or both (Va. Code 18.2-11(a)). A misdemeanor whose statute sets no punishment or no maximum is punished as a Class 1 misdemeanor (Va. Code 18.2-12).

Is a traffic infraction a crime in Virginia?

No. Va. Code 18.2-8 describes traffic infractions as violations of public order "not deemed to be criminal in nature." Class 3 and Class 4 misdemeanors are different: they carry only a fine (up to $500 and $250) but are still misdemeanors (Va. Code 18.2-11(c)-(d)).

Can a Class 6 felony be punished like a misdemeanor in Virginia?

Va. Code 18.2-10(e) and (f) let the jury, or the court sitting without a jury, punish a Class 5 or Class 6 felony by up to 12 months in jail and a fine of up to $2,500, either or both, instead of a prison term. Those are listed as punishments for the felony class; the classification sections (Va. Code 18.2-8 to 18.2-12) contain no provision converting the offense into a misdemeanor. Separately, with the agreement of the defendant and the Commonwealth, a court may defer a case for a final disposition that can include conviction of an alternative charge or dismissal (Va. Code 19.2-298.02).

How long is probation in Virginia?

The court may fix probation or a suspended sentence for up to the statutory maximum term for the offense, but supervised probation may not exceed five years from release from active incarceration. Exceptions include court-ordered programs and pending restitution review, and for listed sex offenses where any part of the sentence is suspended, the suspension and probation period must be at least the statutory maximum term (Va. Code 19.2-303, 19.2-303.1). Suspension is limited to three years for violations of 18.2-67.4 or 18.2-67.4:2.

What happens if you violate probation in Virginia?

After a hearing, the court may revoke the suspension if it finds good cause (Va. Code 19.2-306). For technical violations, a first cannot bring active incarceration, a second is limited to 14 days and only on specific findings, and a third or later may bring any original sentence, and these limits yield where more time is needed for a court-ordered treatment program; a new conviction or non-technical violation allows the court to impose any or all of the suspended time (Va. Code 19.2-306.1).

Is there parole in Virginia?

Not for most felonies committed on or after January 1, 1995 (Va. Code 53.1-165.1(A)), and an adult sentenced to life for a Class 1 felony is not eligible for parole (Va. Code 18.2-10(a)). Exceptions include a person serving life for offenses committed as a juvenile, who becomes eligible after 20 years (Va. Code 53.1-165.1(F)).