Posts Tagged ‘Discretion’
Virginia Class 6 Felony Defense
If you are charged with a Virginia Class 6 felony, contact the SRIS Law Group Virginia felony defense lawyers for help.
Virginia Law § 18.2-10. Punishment for conviction of Class 6 felony; penalty.
For Virginia 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.
Virginia Class 5 Felony Defense
If you are charged with a Virginia Class 5 felony, contact the SRIS Law Group Virginia felony defense lawyers for help.
Virginia Law § 18.2-10. Punishment for conviction of Class 5 felony; penalty.
For Virginia 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.
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.
Spousal Support & Alimony in Virginia, Maryland Spousal Support & Alimony & Massachusetts Spousal Support & Alimony
Spousal maintenance – alimony lawyers in Virginia, Maryland & Massachusetts
Even in uncontested divorces in Virginia, Maryland and Massachusetts, spousal maintenance may be awarded in a divorce or legal separation proceedings and may be subject to later modification or enforcement proceedings as well. Alimony is vital part of being able to move on after a divorce. Alimony is generally paid in installments over a period of time, (weekly or monthly, for example). Spousal support is another term for alimony in Virginia, Maryland & Massachusetts.
Regardless of the term used in Massachusetts, Maryland or Virginia, alimony in Virginia, Maryland & Massachusetts is paid for a defined duration of time or until the death of one of the spouses or the remarriage of the recipient. What most people don’t realize is that alimony is taxable. The person paying the alimony deducts it as an above the line tax deduction. The person who receives alimony has to pay taxes on the amount of alimony received.
The Family Law Courts in Virginia, Maryland & Massachusetts have enormous discretion when determining the appropriate alimony award and the duration of the alimony award. Due to this uncertainty, most divorce attorneys work hard towards trying to settle the issue of alimony without risking a trial on the issue of alimony. Our family and divorce lawyers in Virginia, Maryland & Massachusetts will work to help you get spousal support and when necessary, defend an action for alimony.
Our divorce lawyers who assist clients with spousal support and alimony issues in Virginia, Maryland & Massachusetts also have offices in Virginia, Maryland & Massachusetts.
Our Virginia spousal support & alimony lawyers, Maryland spousal support & alimony lawyers & Massachusetts spousal support & alimony lawyers have an extensive amount of experience in resolving issues regarding spousal support and alimony in Virginia, spousal support and alimony in Maryland & spousal support and alimony in Massachusetts. If you wish to consult a SRIS, P.C. alimony or spousal support attorney in Virginia, alimony or spousal support attorney Maryland or alimony or spousal support attorney Massachusetts, call our office, or contact us on line.
Spousal Support & Alimony in Virginia, Spousal Support & Alimony in Maryland & Spousal Support & Alimony in Massachusetts
Spousal maintenance – alimony
Even in uncontested divorces in Virginia, Maryland and Massachusetts, spousal maintenance may be awarded in a divorce or legal separation proceedings and may be subject to later modification or enforcement proceedings as well. Alimony is vital part of being able to move on after a divorce. Alimony is generally paid in installments over a period of time, (weekly or monthly, for example). Spousal support is another term for alimony.
Regardless of the term used in Massachusetts, Maryland or Virginia, alimony is paid for a defined duration of time or until the death of one of the spouses or the remarriage of the recipient. What most people don’t realize is that alimony is taxable. The person paying the alimony deducts it as an above the line tax deduction. The person who receives alimony has to pay taxes on the amount of alimony received.
Child support on the other hand is not taxable. Alimony is completely independent from child support and most states do not use set guidelines to determine alimony. The Family Law Courts in Virginia, Maryland & Massachusetts have enormous discretion when determining the appropriate alimony award and the duration of the alimony award. Due to this uncertainty, most divorce attorneys work hard towards trying to settle the issue of alimony without risking a trial on the issue of alimony. Our family and divorce lawyers in Virginia, Maryland & Massachusetts will work to help you get spousal support and when necessary, defend an action for alimony.
Our divorce lawyers who assist clients with spousal support and alimony issues have offices in the following states. If you want to see the exact location of each office, please click on the different locations:
- In Virginia, our offices in Northern Virginia are in Fairfax & Manassas; in Central Virginia, our office is in Fredericksburg & Richmond; in the Hampton Roads/Tidewater Area, our office is in Virginia Beach; in Western Virginia, our office is located in Lynchburg.
- In Maryland, our offices are in Rockville & Boston.
- In Massachusetts, our office is in Boston.
Please click on the state, if you wish to read some of the laws regarding divorce law in:
Our spousal support and alimony lawyers have an extensive amount of experience in resolving issues regarding spousal support and alimony in Virginia, spousal support and alimony in Maryland & spousal support and alimony in Massachusetts. Our divorce attorneys who represent clients with spousal support and alimony cases are careful to consider all of your family law concerns and provide thoughtful, prudent guidance through all of your family law & divorce law issues. If you wish to consult a SRIS, P.C. alimony or spousal support attorney or family law lawyer, send us an e-mail, call our office, or contact us on line.
Spousal Support & Alimony in Virginia, Spousal Support & Alimony in Maryland & Spousal Support & Alimony in Massachusetts
Spousal maintenance – alimony
Even in uncontested divorces in Virginia, Maryland and Massachusetts, spousal maintenance may be awarded in a divorce or legal separation proceedings and may be subject to later modification or enforcement proceedings as well. Alimony is vital part of being able to move on after a divorce. Alimony is generally paid in installments over a period of time, (weekly or monthly, for example). Spousal support is another term for alimony.
Regardless of the term used in Massachusetts, Maryland or Virginia, alimony is paid for a defined duration of time or until the death of one of the spouses or the remarriage of the recipient. What most people don’t realize is that alimony is taxable. The person paying the alimony deducts it as an above the line tax deduction. The person who receives alimony has to pay taxes on the amount of alimony received.
Child support on the other hand is not taxable. Alimony is completely independent from child support and most states do not use set guidelines to determine alimony. The Family Law Courts in Virginia, Maryland & Massachusetts have enormous discretion when determining the appropriate alimony award and the duration of the alimony award. Due to this uncertainty, most divorce attorneys work hard towards trying to settle the issue of alimony without risking a trial on the issue of alimony. Our family and divorce lawyers in Virginia, Maryland & Massachusetts will work to help you get spousal support and when necessary, defend an action for alimony.
Our divorce lawyers who assist clients with spousal support and alimony issues have offices in the following states. If you want to see the exact location of each office, please click on the different locations:
- In Virginia, our offices in Northern Virginia are in Fairfax & Manassas; in Central Virginia, our office is in Fredericksburg & Richmond; in the Hampton Roads/Tidewater Area, our office is in Virginia Beach; in Western Virginia, our office is located in Lynchburg.
- In Maryland, our offices are in Rockville & Boston.
- In Massachusetts, our office is in Boston.
Please click on the state, if you wish to read some of the laws regarding divorce law in:
Our spousal support and alimony lawyers have an extensive amount of experience in resolving issues regarding spousal support and alimony in Virginia, spousal support and alimony in Maryland & spousal support and alimony in Massachusetts. Our divorce attorneys who represent clients with spousal support and alimony cases are careful to consider all of your family law concerns and provide thoughtful, prudent guidance through all of your family law & divorce law issues. If you wish to consult a SRIS, P.C. alimony or spousal support attorney or family law lawyer, send us an e-mail, call our office, or contact us on line.
Spousal Support & Alimony in Virginia, Maryland Spousal Support & Alimony & Massachusetts Spousal Support & Alimony
Spousal maintenance – alimony lawyers in Virginia, Maryland & Massachusetts
Even in uncontested divorces in Virginia, Maryland and Massachusetts, spousal maintenance may be awarded in a divorce or legal separation proceedings and may be subject to later modification or enforcement proceedings as well. Alimony is vital part of being able to move on after a divorce. Alimony is generally paid in installments over a period of time, (weekly or monthly, for example). Spousal support is another term for alimony in Virginia, Maryland & Massachusetts.
Regardless of the term used in Massachusetts, Maryland or Virginia, alimony in Virginia, Maryland & Massachusetts is paid for a defined duration of time or until the death of one of the spouses or the remarriage of the recipient. What most people don’t realize is that alimony is taxable. The person paying the alimony deducts it as an above the line tax deduction. The person who receives alimony has to pay taxes on the amount of alimony received.
The Family Law Courts in Virginia, Maryland & Massachusetts have enormous discretion when determining the appropriate alimony award and the duration of the alimony award. Due to this uncertainty, most divorce attorneys work hard towards trying to settle the issue of alimony without risking a trial on the issue of alimony. Our family and divorce lawyers in Virginia, Maryland & Massachusetts will work to help you get spousal support and when necessary, defend an action for alimony.
Our divorce lawyers who assist clients with spousal support and alimony issues in Virginia, Maryland & Massachusetts also have offices in Virginia, Maryland & Massachusetts.
Our Virginia spousal support & alimony lawyers, Maryland spousal support & alimony lawyers & Massachusetts spousal support & alimony lawyers have an extensive amount of experience in resolving issues regarding spousal support and alimony in Virginia, spousal support and alimony in Maryland & spousal support and alimony in Massachusetts. If you wish to consult a SRIS, P.C. alimony or spousal support attorney in Virginia, alimony or spousal support attorney Maryland or alimony or spousal support attorney Massachusetts, call our office, or contact us on line.
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.
-
Class 1 felony
-
Class 2 felony
-
Class 3 felony
-
Class 4 felony
-
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.
