Posts Tagged ‘Maximum Punishment’
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.
DRUNK DRIVING 1ST TIME OFFENSE IN VIRGINIA
Some people think that being arrested for the first time offense of drunk driving in Virginia is similar to getting a traffic ticket. Even a first time offense of drunk driving in Virginia is a Virginia class 1 misdemeanor. A Virginia class 1 misdemeanor is the most serious misdemeanor violation in Virginia.
What are the penalties for a first time offense of drunk driving in Virginia?
The maximum punishment for a first time offense of drunk driving in Virginia is one year in jail, the loss of your driver’s license for one year, and a $2,500 fine. Also, successful completion of the “DUI School” through the Virginia Alcohol Safety Action Program.
Even if this you first offense of drunk driving in Virginia, contact the experienced Virginia DUI Lawyers Virginia DUI lawyers of the SRIS Law Group for help. Our experienced Virginia DUI Attorneys Virginia DUI attorneys will discuss the facts of your case and will provide you with an initial determination of your DUI case in Virginia.
Contact us at 888-437-7747.
Please see our Virginia DUI Video
