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Virginia Criminal Defense Lawyers Explain the Difference between a Felony and a Misdemeanor in Virginia

If you have been accused of a crime, you may be wondering about the difference between a felony and a misdemeanor? The criminal law attorneys at Vienna Law Group, P.C. explain.

In the Commonwealth of Virginia, the main differences between a felony and a misdemeanor are in the court procedures used to try the case and in the punishments that the convicted receives for the crime.

Virginia Court Procedure

All misdemeanor cases and most felony cases begin with an arraignment in General District Court. At the arraignment, the accused is notified of the charges he faces. If the crime is a misdemeanor, the court will set a date for a trial where the judge will hear evidence presented by the prosecutor as well as evidence on behalf of the accused. There must be evidence showing proof of guilt beyond reasonable doubt in order for the accused to be found guilty of a misdemeanor by General District Court judge.

The General District Court does not have jurisdiction in felony cases. However, it is able to schedule a preliminary hearing. At the preliminary hearing, the judge determines if a crime has been committed and if there is enough evidence for a trial. The judge then certifies the case to circuit court to be heard by a grand jury. The grand jury will bring an indictment against the accused. Then a court date will be set for a deposition where the accused makes a plea of guilty or not guilty. The deposition is usually followed by a jury trial; however the accused may decide to waive his right to a jury trial. Punishment is determined by a judge at a sentencing.

Punishments For Misdemeanors And Felonies In Virginia

The maximum punishment for committing a misdemeanor is a $2,500 fine and one year of jail time in a county or regional jail. Those convicted of felony charges are punished with a minimum of one year imprisonment in a state prison and /or fines of at least $2,500.

Both felonies and misdemeanors are divided into classes.

Virginia misdemeanors are divided into 4 classes with Class 1 being the most serious. The maximum punishments for the four classes of misdemeanors are described below:

Class 1: 12 months in jail; $2,500 fine

Class 2: 6 months in jail; $2,500 fine

Class 3: $500 fine

Class 4: $250 fine

Felonies are divided into 6 classes with Class 1 being the most serious. The maximum punishments for the six classes of felonies are:

Class 1: Death, or life imprisonment and/or $100,000 fine

Class 2: 20 years to life imprisonment and/or $100,000 fine

Class 3: 5-20 years imprisonment and/or $100,000 fine

Class 4: 2-10 years imprisonment and/or $100,000 fine

Class 5: 1-10 years imprisonment or 12 months in jail; $2,500 fine

Class 6: 1-5 years imprisonment or 12 months in jail; $2,500 fine

Some felonies are unclassified. This is because punishment for those felonies is defined in the statue of Virginia law that criminalizes the offense. For example, the penalties for driving while intoxicated (DWI) are listed in Virginia Code §18.2-270. The code specifies punishments based on BAC levels and prior offenses.

Have you been accused of a crime?

The attorneys at Vienna Law Group, P.C. provide skilled representation for clients facing misdemeanor and felony charges in Virginia, Maryland and the District of Columbia. Our criminal defense lawyers successfully handle all criminal cases, including serious traffic violations, DUI/DWI, drug possession, drug distribution, probation violations, domestic violence, assault and battery, sex crimes, manslaughter, theft, white collar crimes, federal crimes, military crimes, weapons charges, and other criminal offenses. If you need a lawyer who can get results, call our office at 1-877-491-4LAW to schedule a free initial consultation.

Vienna Law Group

10615 Judicial Drive                      8229 Boone Blvd
Suite 101                                       Suite 290
Fairfax, VA 22030                            Vienna, VA  22182 

Phone: 703-385-6868
Toll free: 1-877-491-4LAW
Fax: 703-385-7009

Vienna Law Group provides immigration, bankruptcy, family law, divorce, traffic violation, DUI/DWI and criminal legal services in Northern Virginia, including the following cities and counties: Fairfax, Vienna, Reston, Tyson's Corner, McLean, Falls Church, Arlington, Alexandria, Mt. Vernon, Annandale, Springfield, West Springfield, Newington, Lorton, Woodbridge, Dale City, Burke, Manassas, Centerville, Chantilly, Herndon, Sterling, Ashburn, Leesburg, Fairfax County, Alexandria County, Arlington County, Loudon County and Prince William County.

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