Felonies in Virginia are separated into six different classes.
Class 1 Felonies are punishable
by life imprisonment, death, or a fine of no more than one hundred
Class 2 Felonies are punishable
by imprisonment from life to no less than twenty years, or a fine of no
more than one hundred thousand dollars.
Class 3 Felonies can have a
punishable prison term of no less than five years but nor more than
twenty years in a state facility. A fine of no more than one hundred
thousand dollars is also possible.
Class 4 Felonies can have a
prison term of no less than two years and no more than ten years in a
state facility with a possible fine of no more than one hundred
Class 5 Felonies can carry a
prison sentence of no less than one year and no more than ten years.
Also under the discretion of the court or the jury, confinement in a
county jail for no more than twelve months is also possible with a fine
of no more than twenty-five hundred dollars. An individual can be
sentenced to one or both of these punishments.
Class 6 Felonies can have
prison terms of no less than one year and no more than five years, or
like Class 5 Felonies, confinement in a county jail facility for no
more than twelve months is possible under the discretion of the court
and jury. A fine of twenty-five hundred dollars is also possible.
Sentencing to one or both of these punishments is probable.
Dual punishments are possible under the discretion of the court, except
in the cases of specified subdivisions and Class 1 Felonies with the
sentencing of death. This means an individual can be sentenced to two
punishments for a single crime. A sentence of fifteen years in prison
might be given along side a fifty thousand dollar fine.
Any felony committed on or after 1 January 1995 may have an additional
term implemented of no less than six months and no more than three
years. This can be suspended conditionally upon successful completion
of a post-release period supervision and term compliance as sentenced
by the court. An additional term may only be imposed if the sentence
includes an active incarceration term in a correctional facility,
Expungement is not possible for most cases and certain terms must be
met for eligibility. A person, if charged, must be acquitted of a
crime; have a nolle prosequi taken; have all charges dismissed; or be
granted an absolute pardon for the commission of a crime for which he
or she has been unjustly convicted.
Expungement is possible through a petitioning to the court. However,
even if a petition of expungement has been submitted, the court is not
legally required to grant the petition. The court always has the right
to deny an expungement, especially if it is not in the favor of the
court to grant it. Because felony charges are so severe, a majority of
the time felonies in Virginia cannot be expunged.