Virginia Misdemeanors

Virginia Misdemeanor Classes

For sentencing, there are four (4) different classes of misdemeanors in Virginia.  In reality, there are five (5) types of misdemeanors because there is an unclassified type in Virginia.

Virginia Class 1 Misdemeanor

A Virginia Class 1 misdemeanor is the most serious category of misdemeanor. Examples of class 1 misdemeanors are reckless driving, driving while under the influence of drugs or alcohol (DUI), assault, and battery. The Virginia Code authorizes the following possible maximum sentences:

• Jail: up to 12 months in confinement
• Fines: up to $2,500 in fines

However, depending on the specific charge, there may be other consequences (for example, loss of driving privileges).  In addition, the court may impose both of the above maximum punishments for a conviction of a Class 1 misdemeanor in Virginia.

Virginia Class 2 Misdemeanor

Examples include possession of a controlled substance classified as Schedule IV. Punishments authorized by the Virginia Code for a Class 2 misdemeanor:

• Jail: up to 6 months in confinement
• Fines: up to $1,000 in fines
• Criminal Record: for life

Virginia Class 3 Misdemeanor

Examples include destruction of property (in some cases) and possession of a controlled substance classified as Schedule V.

• Fines: up to $500 in fines
• Criminal Record: for Life

Virginia Class 4 Misdemeanor

Examples include drunk in public and possession of a Schedule VI controlled substance.

• Fines: up to $250 in fines
• Criminal Record: for life

Virginia Unclassified or Class U Misdemeanor

The punishment for a Virginia Unclassified Misdemeanor will vary as far as jail time and fines.  One example of a relatively common unclassified misdemeanor is the possession of marijuana, the first offense (note: this also depends on the amount in possession).  It is punishable by up to 30 days in jail and a fine of up to $500.

The Virginia Code:

See The Virginia Code, Section 18.2-9 for classes of felonies and misdemeanors;

See The Virginia Code, Section 18.2-11 for misdemeanor sentencing;

See the Virginia Code, Section 18.2-250.1 for possession of marijuana;

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