What are the penalties for a felony in Virginia?

Felony penalties in Virginia range from 1–5 years for the lowest class to life imprisonment for the most serious [§ 18.2-10]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 18.2-10]. Misdemeanors carry county jail time (up to 1 year) [§ 18.2-11]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Virginia Criminal Defense Guide — Charges & Process

Q: Does Virginia have a speedy trial requirement?

Virginia does not have a fixed-day speedy trial clock [§ 19.2-243]. Virginia's speedy trial clock runs in months, not days: for a felony, trial must commence within five months of the district court's probable cause finding if the accused is held continuously in custody, or within nine months if he has been recognized for his appearance ([§ 19.2-243]). The same five-month (in custody) and nine-month (on recognizance) limits govern a trial de novo in circuit court on appeal from a misdemeanor or traffic infraction conviction, measured from the date of conviction or certification. Failure results in discharge from prosecution. Certain exclusions apply (continuances, competency evaluations, appeals).

Q: Can I get my criminal record expunged in Virginia?

Yes, for eligible offenses [§ 19.2-392.2]. Waiting periods: No waiting period for acquittals and dismissals (nolle prosequi); felony and misdemeanor conviction expungement available under 2021 reform with varying waiting periods. Virginia significantly expanded expungement in 2021 (SB 1339/HB 2113), adding automatic sealing for certain offenses and petition-based sealing for misdemeanor and some felony convictions. Implementation phased through 2025. Violent felonies, sex offenses, and DUI convictions are excluded. Filing fees vary by court; fee waivers available for indigent petitioners.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Virginia.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Virginia Criminal Process — Step by Step Your Rights in an Virginia Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Virginia classifies criminal offenses §18.2-10

Virginia divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class 1 felony: 20 years to life, up to $100,000 fine - Class 2 felony: 20 years to life, up to $100,000 fine - Class 3 felony: 5–20 years, up to $100,000 fine - Class 4 felony: 2–10 years, up to $100,000 fine - Class 5 felony: 1–10 years, up to $2,500 fine - Class 6 felony: 1–5 years, up to $2,500 fine

Misdemeanor classifications §18.2-11

Class 1 misdemeanor: up to 12 months, $2,500 fine - Class 2 misdemeanor: up to 6 months, $1,000 fine - Class 3 misdemeanor: up to 0 months, $500 fine - Class 4 misdemeanor: up to 0 months, $250 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §18.2-10 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §18.2-11	State prison (1 year or more) §18.2-10
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §19.2-392.2	Fewer offenses eligible §19.2-392.2

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §19.2-81. Officers may arrest without a warrant for felonies on probable cause, misdemeanors committed in their presence, and certain designated offenses including assault and battery of a family or household member (§19.2-81.3). You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

A person held in custody pending trial shall be admitted to bail unless there is probable cause to believe he will not appear or that his liberty will constitute an unreasonable danger to himself, family or household members, or the public (§19.2-120); whether the person is likely to obstruct justice is one of the factors the judicial officer weighs. Defendants may enter a plea of nolo contendere with court consent. A defendant may proceed pro se after a knowing and voluntary waiver of counsel. §19.2-120 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Nolo contendere (no contest) pleas are permitted.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §19.2-303 et seq., fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Virginia has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §19.2-157 et seq.. Virginia Indigent Defense Commission (VIDC) oversees 28 public defender offices covering approximately half of the state's jurisdictions. Remaining jurisdictions use court-appointed counsel from certified attorney lists.
Right to a speedy trial — Virginia does not set a fixed number of days for speedy trial §19.2-243. Virginia's speedy trial clock runs in months, not days: for a felony, trial must commence within five months of the district court's probable cause finding if the accused is held continuously in custody, or within nine months if he has been recognized for his appearance (§19.2-243). The same five-month (in custody) and nine-month (on recognizance) limits govern a trial de novo in circuit court on appeal from a misdemeanor or traffic infraction conviction, measured from the date of conviction or certification. Failure results in discharge from prosecution. Certain exclusions apply (continuances, competency evaluations, appeals).
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Virginia: No statutory maximum — probation period is set by the court and may extend to the maximum period of incarceration for the offense. Supervised and unsupervised probation available. §19.2-303 et seq..

⚠Virginia has a habitual offender law §19.2-297.1. Three strikes law: mandatory life imprisonment upon conviction of a third separate act of violence (§19.2-297.1). Prior convictions from any jurisdiction count. Applies to murder, rape, robbery with a firearm, and other specified violent offenses.

Clearing your record

Virginia does allow certain criminal records to be sealed or expunged §19.2-392.2. Waiting periods: No waiting period for acquittals and dismissals (nolle prosequi); felony and misdemeanor conviction expungement available under 2021 reform with varying waiting periods. Virginia significantly expanded expungement in 2021 (SB 1339/HB 2113), adding automatic sealing for certain offenses and petition-based sealing for misdemeanor and some felony convictions. Implementation phased through 2025. Violent felonies, sex offenses, and DUI convictions are excluded. Filing fees vary by court; fee waivers available for indigent petitioners.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §18.2-250. Marijuana possession: Legal (up to 1 oz for adults 21+ per Virginia Cannabis Control Act, 2021); Class 1 misdemeanor for public consumption; felony for distribution without license (§18.2-248.1).

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §18.2-57 et seq.. Domestic violence offenses carry additional consequences including protective orders §18.2-57.2 et seq..

Theft and property crimes

Classification depends on the value of property taken §18.2-95 et seq.. Felony threshold: $1,000 (grand larceny, felony punishable by 1–20 years, §18.2-95).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating Virginia attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions