Posts Tagged ‘Confinement’
VIRGINIA GRAND LARCENY DEFENSE
What is the definition of grand larceny in Virginia?
Grand Larceny is defined in Virginia Code 18.2-95
Virginia Code Section 18.2-95 defines grand larceny as:
• larceny from the person of another of money or other thing of value of $5 or more,
• simple larceny not from the person of another of goods and chattels of the value of $200 or more, or
• simple larceny not from the person of another of any firearm, regardless of the firearm’s value.
Grand larceny carries a maximum sentence of imprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, confinement in jail for a period not exceeding twelve months and/or a fine of not more than $2,500.
If you have been charged with grand larceny (Virginia Code 18.2-95) in Virginia, keep in mind that it is a felony.
Contact a SRIS Law Group Virginia grand larceny lawyer to defend you if you have been charged with a felony larceny crime.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg.
Class 1 Felony to Class 6 Felony & Penalties In Virginia
What is the penalty for a Class 1 Felony In Virginia?
The maximum penalty for a Class 1 Felony in Virginia is death or imprisonment for life and $100000 fine.
If you are facing felony charges in Virginia and want to know the penalty for a felony charge in Virginia, contact the SRIS Law Group Virginia Felony lawyers for help.
Virginia Code 18.2-10 lists the different felony charges in Virginia
VA Penal Code 18.2-10. Punishment for conviction of felony; penalty:
The authorized punishments for conviction of a felony in Virginia are:
(a) 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 § 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 § 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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 January 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 § 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 § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in that section in addition to any other penalty provided by law.
For a misdemeanor offense prohibiting proximity to children as described in subsection A of 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.
What is the penalty for a Class 1 Misdemeanor In Virginia?
The maximum penalty for a Class 1 Misdemeanor in Virginia is 12 months in jail and $2500 fine.
It is hard to believe that the penalty for an offense like reckless driving in Virginia is a Class 1 Misdemeanor & carries a maximum penalty of 12 months in jail.
If you are facing misdemeanor charges in Virginia and want to know the penalty for a misdemeanor charge in Virginia, contact the SRIS Law Group Virginia misdemeanor lawyers for help.
Virginia Code 18.2-11 lists the different misdemeanor charges in Virginia.
VA Penal 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 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 DUI PENALTIES
If you have been charged with a DUI in Virginia, then you need to understand the penalties you face.
The Virginia Courts strictly enforce DUI Laws.
There are defenses to Virginia DUI offenses.
If you wish to speak with Virginia DUI Lawyers who are former prosecutors, contact the SRIS Law Group Virginia DUI Attorneys.
The following are the list of penalties you will face if you are convicted of a DUI in Virginia.
VA Code § 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction
| Offense |
Sentence of confinement |
Mandatory minimum confinement |
Mandatory minimum fine |
|
| 1st DUI in VirginiaClass 1 misdemeanor |
BAC 0.15 – 0.20 Five days |
$250 |
||
|
BAC More than 0.20 10 days |
||||
| 2nd DUIwithin less
than 5 years |
Not less than 1 month nor more than 1 year | Twenty days | BAC 0.15 – 0.20 additional period of 10 days |
$500 |
| BAC More than 0.20Additional period of 20 days | ||||
| 2nd DUI in Virginiawithin 5- 10 | For not less than one month | Ten days | BAC 0.15 – 0.20 additional period of 10 days |
$500 |
| BAC More than 0.20Additional period of 20 days | ||||
| 3rd DUI in Virginia committed within 10 yearsClass 6 felony
|
90 days |
|
||
| 3rd DUI in VirginiaCommitted
within 5-years |
6 months |
$1,000 |
||
| 4th orsubsequent DUI in Virginia offense
within 10- years |
Otherwise modified by the court, shall remain on probation and under the terms of any suspended sentence for the same period as his operator’s license was suspended, not to exceed 3 years. | one year |
$1,000 |
|
What Is A Class 5 Felony In Virginia?
A Class 5 felony in Virginia is a very serious charge. The maximum punishment for a class 5 felony in Virginia is 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.
There are many different crimes in Virginia that are classified as class 5 felonies in Virginia.
If you are facing a class 5 felony or any other class of felony in Virginia, contact the SRIS Law Group Virginia attorneys for help.
Our Virginia lawyers have helped many clients facing a felony in Virginia.
Contact us at 888-437-7747.
Keep in mind that any kind of felony in Virginia has severe consequences. There are six classes of felonies in Virginia.
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Class 1 felony
-
Class 2 felony
-
Class 3 felony
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Class 4 felony
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Class 6 felony
Virginia State Law 18.2-10 states the different penalties for a felony in Virginia.
VA Code § 18.2-10. Punishment for conviction of felony; penalty
The authorized punishments for conviction of a felony are:
(a) 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 § 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 § 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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 January 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 § 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 § 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.
