Posts Tagged ‘Punishments’

FORMER PROSECUTORS & POLICE OFFICERS

DEFENDING SEXUAL BATTERY CRIMES IN VIRGINIA

Just because a person is accused of a sex crime does not mean that they are guilty of the charge nor does it mean they are going to jail.

However, a sex crime conviction in Virginia can result in severe penalties if the client is not defended properly.  Some of the most commonly charged sex crimes in Virginia are object sexual penetration, aggravated sexual battery & sexual battery.

If you are charged with a sex crime violation in Virginia, you need experienced sex crimes defense attorneys to defend you.

The SRIS Law Group has a history of defending clients charged with sex crimes in Virginia. Our former prosecutors & police officers have successfully defended clients charged with sex crimes in Virginia.

No honest lawyer can give you a guarantee as to the outcome of your case. However, experience counts when defending sex crimes.

We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg to better serve you.

Two guarantee a SRIS Law Group Virginia criminal defense lawyer will give you:

• We guarantee we will do our best to defend you
• We will do our best to keep you updated as to the status of your case. We will do our best to return all phone calls within 8 hours.

You cannot take a chance when your future is on the line.

The following are some of the different sex crimes we defend in Virginia:

• 18.2-67.2. Object sexual penetration; penalty.
• 18.2-67.3. Aggravated sexual battery; penalty.
• 18.2-67.4. Sexual battery.
• 18.2-67.5. Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery.
• 18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault.
• 18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault.

18.2-67.2. Object sexual penetration; penalty.

A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and
1. The complaining witness is less than 13 years of age, or
2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness’s mental incapacity or physical helplessness.
B. Inanimate or animate object sexual penetration is a felony punishable by confinement in the state correctional facility for life or for any term not less than five years. The penalty for a violation of subdivision A 1 where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of 18.2-47 or 18.2-48, (ii) 18.2-89, 18.2-90 or 18.2-91, or (iii) 18.2-51.2, shall include a mandatory minimum term of confinement of 25 years. If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant’s life, subject to revocation by the court.
In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant’s completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.
C. Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.

18.2-67.3. Aggravated sexual battery; penalty.

A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and
1. The complaining witness is less than 13 years of age, or
2. The act is accomplished through the use of the complaining witness’s mental incapacity or physical helplessness, or
3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age, or
4. The act is accomplished against the will of the complaining witness by force, threat or intimidation, and
a. The complaining witness is at least 13 but less than 15 years of age, or
b. The accused causes serious bodily or mental injury to the complaining witness, or
c. The accused uses or threatens to use a dangerous weapon.
B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.

18.2-67.4. Sexual battery.

A. An accused is guilty of sexual battery if he sexually abuses, as defined in  18.2-67.10, (i) the complaining witness against the will of the complaining witness, by force, threat, intimidation, or ruse, (ii) an inmate who has been committed to jail or convicted and sentenced to confinement in a state or local correctional facility or regional jail, and the accused is an employee or contractual employee of, or a volunteer with, the state or local correctional facility or regional jail; is in a position of authority over the inmate; and knows that the inmate is under the jurisdiction of the state or local correctional facility or regional jail, or (iii) a probationer, parolee, or a pretrial or post trial offender under the jurisdiction of the Department of Corrections, a local community-based probation program, a pretrial services program, a local or regional jail for the purposes of imprisonment, a work program or any other parole/probationary or pretrial services program and the accused is an employee or contractual employee of, or a volunteer with, the Department of Corrections, a local community-based probation program, a pretrial services program or a local or regional jail; is in a position of authority over an offender; and knows that the offender is under the jurisdiction of the Department of Corrections, a local community-based probation program, a pretrial services program or a local or regional jail.
B. Sexual battery is a Class 1 misdemeanor.

18.2-67.5. Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery.

A. An attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration shall be punishable as a Class 4 felony.
B. An attempt to commit aggravated sexual battery shall be a felony punishable as a Class 6 felony.
C. An attempt to commit sexual battery is a Class 1 misdemeanor.

18.2-67.5:1. Punishment upon conviction of third misdemeanor offense.
When a person is convicted of sexual battery in violation of 18.2-67.4, attempted sexual battery in violation of subsection C of 18.2-67.5, a violation of 18.2-371 involving consensual intercourse with a child, indecent exposure of himself or procuring another to expose himself in violation of 18.2-387, or a violation of 18.2-130, and it is alleged in the warrant, information or indictment on which the person is convicted and found by the court or jury trying the case that the person has previously been convicted within the ten-year period immediately preceding the offense charged of two or more of the offenses specified in this section, each such offense occurring on a different date, he shall be guilty of a Class 6 felony.

18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault.

A. Any person convicted of (i) more than one offense specified in subsection B or (ii) one of the offenses specified in subsection B of this section and one of the offenses specified in subsection B of 18.2-67.5:3 when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to the maximum term authorized by statute for such offense, and shall not have all or any part of such sentence suspended, provided it is admitted, or found by the jury or judge before whom the person is tried, that he has been previously convicted of at least one of the specified offenses.
B. The provisions of subsection A shall apply to felony convictions for:
1. Carnal knowledge of a child between thirteen and fifteen years of age in violation of 18.2-63 when the offense is committed by a person over the age of eighteen;
2. Carnal knowledge of certain minors in violation of 18.2-64.1;
3. Aggravated sexual battery in violation of 18.2-67.3;
4. Crimes against nature in violation of subsection B of 18.2-361;
5. Adultery or fornication with one’s own child or grandchild in violation of 18.2-366;
6. Taking indecent liberties with a child in violation of 18.2-370 or 18.2-370.1; or
7. Conspiracy to commit any offense listed in subdivisions 1 through 6 pursuant to 18.2-22.
C. For purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth and the offense was committed less than twenty years before the second offense.
The Commonwealth shall notify the defendant in writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.

18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault.

A. Any person convicted of more than one offense specified in subsection B, when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to life imprisonment and shall not have all or any portion of the sentence suspended, provided it is admitted, or found by the jury or judge before whom he is tried, that he has been previously convicted of at least one of the specified offenses.
B. The provisions of subsection A shall apply to convictions for:
1. Rape in violation of 18.2-61;
2. Forcible sodomy in violation of 18.2-67.1;
3. Object sexual penetration in violation of 18.2-67.2;
4. Abduction with intent to defile in violation of 18.2-48; or
5. Conspiracy to commit any offense listed in subdivisions 1 through 4 pursuant to 18.2-22.
C. For purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth and the offense was committed less than twenty years before the second offense.
The Commonwealth shall notify the defendant in writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.

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SHOPLIFTING LAWS VIRGINIA PUNISHMENT

Shoplifting is a crime of moral turpitude. If you are charged with shoplifting in Virginia, the punishment can be very severe. Most Virginia judges impose very tough punishments on those who shoplift.

If you are facing a shoplifting charge in Virginia, it is critical to obtain the help of experienced criminal shoplifting defense lawyer.

The SRIS Law Group Virginia shoplifting defense lawyers have defended numerous individuals charged with shoplifting in Virginia:

• Concealing or taking merchandise, altering price tags, etc.
• Petit Larcey Third or Subsequent Offense
• Manufacture, sale, etc. of devices to shield against electronic detection of shoplifting

The following are the different Virginia laws pertaining to some frequently prosecuted shoplifting crimes in Virginia:

• Concealing or taking possession of merchandise, altering price tags, transferring goods from one container to another (Va. Code §18.2-103). In Virginia, if a person has the intention of converting goods or merchandise to his own use and: (i) willfully conceals or takes possession of the goods or merchandise of any store, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of these acts, the person will he guilty of larceny. If the value of goods involved in the offense is $200 or more, the offense is a felony. It is important to note that the merchandise does not need to be taken out of the store to commit this crme.
• Petit Larceny Third or Subsequent Offense (Va. Code §18.2-104). When a person is convicted of an offense of larceny or any offense deemed to be or punished as larceny, and he or she has previously been convicted or two or more larceny crimes, he shall be guilty of a Class 6 felony (punishable by up to 5 years in prison and a fine of up to $2,500). Petit Larceny Second or Subsequent offense is punishable up to 12 months in jail and a fine of up to $2,500 with a minimum sentence of 30 days. Note: crimes such as credit card theft and false pretenses count as prior offenses because they are punished as larceny.
• Manufacture, sale, etc., of devices to shield against electronic detection of shoplifting (Va. Code §18.2-105.2). It is unlawful for any person to manufacture, sell, offer for sale, distribute or possess any specially coated or laminated bag or other device primarily designed and intended to shield shoplifted merchandise from detection by an anti-theft electronic alarm sensor, with the intention that the same be used to aid in the shoplifting of merchandise. A violation of this section is punishable as a Class 1 misdemeanor.

If you have been charged with any of the above Virginia shoplifting crimes, do not wait.

Contact a SRIS Law Group Virginia shoplifting defense attorney immediately for help.

We have offices in Fairfax, Richmond, Virginia Beach, Fredericksburg, Prince William & Lynchburg.

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VIRGINIA LAWS – PUNISHMENT FOR LARCENY

Larceny is a crime of moral turpitude. If you are charged with larceny in Virginia, the punishment can be very severe. Most Virginia judges impose very tough punishments on those who steal, buy and sell stolen goods, assist with the theft of sale of stolen goods, etc.

If you are facing a larceny charge in Virginia, it is critical to obtain the help of experienced criminal larceny defense lawyer.

The SRIS Law Group Virginia larceny defense lawyers have defended numerous individuals charged with the following types of of theft crimes in Virginia:

• Larceny of bank notes, checks, etc.
• Unauthorized use of a vehicle
• Concealing or taking merchandise, altering price tags, etc.
• Petit Larcey Third or Subsequent Offense
• Manufacture, sale, etc. of devices to shield against electronic detection of shoplifting
• Receiving Stolen Goods
• Larceny with intent to sell or distribute; sale of stolen property
• Receipt of stolen firearm
• Receipt or transfer of possession of stolen vehicle

The following are the different Virginia laws pertaining to some frequently prosecuted larceny offenses in Virginia:

• Larceny of bank notes, checks, etc., or any book of accounts (Va. Code §18.2-98). If any person in Virginia steals any bank note, check, or other writing or paper of value, or any book of accounts, for or concerning money or goods due or to be delivered, he shall be deemed guilty of larceny, and receive the same punishment, according to the value of the thing stolen, prescribed for the punishment of the larceny of goods.
• Unauthorized use of a vehicle, animal, aircraft, or boat (Va. Code §18.2-102). Any person who takes, drives, or uses any animal, aircraft, vehicle, boat, or vessel, that is not his own, without the consent of the owner and in the absence of the owner, and with intent temporarily to deprive the owner of his possession, without intent to steal, shall be guilty of a Class 6 felony (up to 5 years in jail and a fine of up to $2,500) if the value of such animal, aircraft, vehicle, boat or vessel is $200 or more. If the value is less than $200, the person shall be guilty of a Class 1 misdemeanor (up to 12 months in jail and a fine of up to $2,500).
• Concealing or taking possession of merchandise, altering price tags, transferring goods from one container to another (Va. Code §18.2-103). In Virginia, if a person has the intention of converting goods or merchandise to his own use and: (i) willfully conceals or takes possession of the goods or merchandise of any store, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of these acts, the person will he guilty of larceny. If the value of goods involved in the offense is $200 or more, the offense is a felony. It is important to note that the merchandise does not need to be taken out of the store to commit this crme.
• Petit Larceny Third or Subsequent Offense (Va. Code §18.2-104). When a person is convicted of an offense of larceny or any offense deemed to be or punished as larceny, and he or she has previously been convicted or two or more larceny crimes, he shall be guilty of a Class 6 felony (punishable by up to 5 years in prison and a fine of up to $2,500). Petit Larceny Second or Subsequent offense is punishable up to 12 months in jail and a fine of up to $2,500 with a minimum sentence of 30 days. Note: crimes such as credit card theft and false pretenses count as prior offenses because they are punished as larceny.
• Manufacture, sale, etc., of devices to shield against electronic detection of shoplifting (Va. Code §18.2-105.2). It is unlawful for any person to manufacture, sell, offer for sale, distribute or possess any specially coated or laminated bag or other device primarily designed and intended to shield shoplifted merchandise from detection by an anti-theft electronic alarm sensor, with the intention that the same be used to aid in the shoplifting of merchandise. A violation of this section is punishable as a Class 1 misdemeanor.
• Receiving stolen goods (Va. Code §18.2-108). If any person buys or receives, or aid in concealing, any stolen goods or other thing, knowing the items to have been stolen, he shall be guilty of larceny.
• Larceny with intent to sell or distribute; sale of stolen property (Va. Code §18.2-108.01). Any person who commits larceny of property with a value of $200 or more with the intent to sell or distribute such property is guilty of a felony punishable by confinement in prison for not less than two years nor more than 20 years. Also, person who sells, attempts to sell, or possesses with intent to sell or distribute any stolen property with an aggregate value of $200 or more where he knew or should have known that the property was stolen is guilty of a Class 5 felony (maximum penalty of 10 years in prison and a $2,500 fine).
• Receipt of stolen firearm (Va. Code §18.2-108.1). Any person who buys or receives a firearm from another person or aids in concealing a firearm, knowing that the firearm was stolen, shall be guilty of a Class 6 felony (punishable by up to 5 years in prison and a fine of up to $2,500).
• Receipt or transfer of possession of stolen vehicle, aircraft or boat (Va. Code §18.2-109). It is illegal for any person who, with intent to procure or pass title to a vehicle, aircraft, boat or vessel, which he knows or has reason to believe has been stolen, to receive or transfer possession of such vehicle, aircraft, boat or vessel. A violation of this law is a Class 6 felony (punishable by up to 5 years in prison and a fine of up to $2,500).

If you have been charged with any of the above, do not wait.

Contact a SRIS Law Group Virginia larceny defense attorney immediately for help.

We have offices in Fairfax, Richmond, Virginia Beach, Fredericksburg, Prince William & Lynchburg.

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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.

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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.

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Virginia Felony Criminal Defense Attorneys

If you have been charged with a felony in Virginia, the punishment can range from probation to death. If you are convicted of a felony in Virginia and are sentenced to a period of incarceration, you may serve the time in a Virginia state correctional facility. A felony charge in Virginia has much more severe repercussions that a misdemeanor offense in Virginia. To obtain a general overview of the repercussions, please click on the term felony.

Call the Virginia criminal lawyers of SRIS, P.C. to discuss your felony charge. We are very experienced at defending clients charged with a felony in Virginia. Once you contact us a Virginia felony defense attorney from our firm will talk with you about your case and discussion your options with you. The Virginia felony defense lawyer will then advise you as to how he/she can best help you.

We have six offices in Virginia to better serve you. Our offices are located in Fairfax, Lynchburg, Fredericksburg, Manassas, Richmond & Virginia Beach.

Call us today for help. You can reach us at 888-437-7747, email, or complete our on line form and we will contact you. Don’t wait to get help.

To obtain a general overview of felony charges, please click here

To learn more about the laws pertaining to felony charges in Maryland or Massachusetts, please click on the state.

The following are the different classes of felonies in Virginia and the punishment for each class of 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 in Virginia, 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 in Virginia, 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 in Virginia, 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 in Virginia, 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 in Virginia, 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 in Virginia, 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 in Virginia, 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 Virginia 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 in Virginia 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.

Our Virginia felony defense attorneys and staff with offices in Fairfax, Lynchburg, Manassas, Fredericksburg, Richmond & Virginia Beach, speak the following languages in addition to English: Spanish, French, Tamil, Telugu, Arabic, Hindi, Cantonese, Mandarin & Malaysian.

Feel free to call us, email or contact us on through our on line form.

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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 5 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.

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