Virginia Felony Classification

Felonies in Virginia are separated into separate classes, ranging from Class 1 to Class 6, with Class 1 felonies being the most serious. Virginia Code § 18.2-10 authorizes the following punishments for felony convictions.

Class 1 Felonies

Class 1 felonies are the most serious criminal offenses in Virginia. The maximum penalties for a Class 1 felony conviction include

• Life imprisonment, and
• A fine of up to $100,000.

Class 2 Felonies

The maximum penalties for a Class 2 Felony conviction include

• From 20 years to life imprisonment, and
• A fine of up to $100,000

Examples of Class 2 Felonies in Virginia include

• Committing an Act of Terrorism
• Aggravated Malicious Wounding
• Abduction to Extort Money
• Burglary with a Deadly Weapon

Class 3 Felonies

The maximum penalty for a Class 3 Felony conviction includes

• From 5 years to 20 years imprisonment, and
• A fine of up to $100,000

Examples of Class 3 Felonies in Virginia include

• Attempted Poisoning
• Burglary

Class 4 Felonies

The maximum penalty for a Class 4 Felony conviction includes

• From 2 years to 10 years imprisonment, and
• A fine of up to $100,000

Examples of Class 4 Felonies in Virginia include

• Arson of an Unoccupied Building
• Shooting at a Vehicle
• Human Trafficking
• Bigamy
• Child Abuse
• Forging Public Records
• Possession of a Sawed-Off Shotgun

Class 5 Felonies

Class 5 felonies are also known as “wobblers.” This means they can be punished similarly to a misdemeanor. The maximum penalty for a Class 5 Felony conviction includes

• From 1 year to 10 years imprisonment, or
• In the discretion of the jury or court, confinement in jail for not more than 12 months and a fine of up to $2,500.

Examples of Class 5 Felonies in Virginia include

• Voluntary Manslaughter
• Involuntary Manslaughter
• Extortion
• Computer Fraud ($500 or more)
• Soliciting Prostitution of a Minor (Under 16)
• Credit Card Forgery

Class 6 Felonies

Class 6 felonies, like Class 5 felonies, are also treated as “wobblers.” The maximum penalty for a Class 6 Felony conviction includes

• From 1 year to 5 years imprisonment, or
• In the discretion of the jury or court, confinement in jail for not more than 12 months and a fine of up to $2,500.

Examples of Class 6 Felonies in Virginia include

• Strangulation
• Multiple Domestic Violence
• Soliciting Prostitution of a Minor (16 or Older)
• Credit Card Fraud of $500 or More

Virginia Felony Maximum Penalty Chart

Other Consequences of a Felony Conviction

There are other penalties and consequences of a felony conviction that go beyond jail time and fines. Felons may have to deal with the collateral consequences of a felony conviction for years to come.

Individuals convicted of felony sex crimes may have to register as a sex offender. Sex offender registration in Virginia requires anyone convicted of certain sex crimes to register with the police department or sheriff's office where they reside. This requires regular registration, subject to visits by law enforcement, and staying away from certain locations.

Collateral Consequences of a Felony Record

Even after serving jail time a felony criminal record can follow an individual for the rest of their lives. There are certain rights and privileges that a convicted felon can lose in Virginia. This can include restrictions on

• State programs
• Professional licenses
• Scholarships
• Benefits
• Housing
• Voting rights
• Serving on a jury
• Jobs
• Firearm ownership or possession

Criminal records are public records and may be searchable by the public, employers, or housing providers. A criminal background check as part of a job or housing application will generally turn up any record of a previous felony conviction. This can make it much more difficult for a convicted felon to find a job or a place to live.