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 thousand dollars.
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 thousand dollars.
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.
Virginia Misdemeanor External link (opens in new window)
West Virginia Misdemeanors External link (opens in new window)
Virginia Expungement External link (opens in new window)
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