What is the difference between a misdemeanor and a felony in Virginia
In Virginia, criminal offenses are divided into misdemeanors and felonies, each carrying different levels of severity, Fairfax Criminal Lawyer penalties, and long-term consequences. Understanding the distinction is essential if you or someone you know is facing criminal charges in the Commonwealth.
What Is a Misdemeanor in Virginia?
A misdemeanor is considered a lower-level criminal offense, but it still carries serious legal consequences. Virginia classifies misdemeanors into four categories—Class 1 through Class 4.
Class 1 misdemeanors are the most serious, with penalties of up to 12 months in jail and fines up to $2,500. Offenses may include DUI, simple assault, shoplifting, or reckless driving.
Class 2–4 misdemeanors carry lesser penalties, usually fines ranging from $250 to $1,000.
While misdemeanors are less severe than felonies, a conviction can still impact employment, security clearances, professional licenses, and immigration status.
What Is a Felony in Virginia?
A felony is a much more serious offense and can lead to long-term prison sentences and significant fines. Virginia categorizes felonies from Class 1 to Class 6.
Class 1 felonies, the most severe, can result in life imprisonment.
Class 2–4 felonies often involve lengthy prison terms ranging from five years to life, depending on the offense.
Class 5 and Class 6 felonies are sometimes labeled “wobblers,” meaning they may be sentenced as either felonies or misdemeanors, depending on the case and criminal history.
Felony convictions carry long-term consequences beyond incarceration, including the loss of civil rights such as voting or firearm possession.
Why the Distinction Matters
Whether a charge is a misdemeanor or felony influences your legal strategy, potential penalties, and the lifelong impact on your record. Speaking with an experienced Virginia criminal defense attorney is crucial to understand your rights and options.