Charges and sentences
Felony and misdemeanor classes in Virginia
Virginia sorts felonies into six classes (Class 1 is the most serious and Class 6 the least) and misdemeanors into four classes (Class 1 is the most serious and Class 4 the least). Many offenses set their own penalty instead of using a class.1
Checked October 29, 2026 against Virginia's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In Virginia, a felony is an offense punishable by confinement in a state correctional facility. All other offenses are misdemeanors. Traffic infractions are not treated as crimes.1
- Felony theft starts at
- $1,000How theft is graded
- When a DWI is a felony
- A third offense within 10 years is a Class 6 felony.2
Felony classes in Virginia
From most to least serious: Class 1, Class 2, Class 3, Class 4, Class 5, Class 6. The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| Class 1 felony | LifeLife is the most severe sentence the statute allows; death is not an authorized punishment. Anyone who was 18 or older at the time of the offense and is sentenced to life for a Class 1 felony is not eligible for parole, good conduct allowances, earned sentence credits or conditional release. | Up to $100,000 | Va. Code § 18.2-10(a)4 |
| Class 2 felony | 20 years to life | Up to $100,000 | Va. Code § 18.2-10(b)4 |
| Class 3 felony | 5 to 20 years | Up to $100,000 | Va. Code § 18.2-10(c)4 |
| Class 4 felony | 2 to 10 years | Up to $100,000 | Va. Code § 18.2-10(d)4 |
| Class 5 felony | 1 to 10 yearsInstead of prison, the jury or the judge may impose up to 12 months in jail, a fine of up to $2,500, or both. | Up to $2,500, only with the jail option | Va. Code § 18.2-10(e)4 |
| Class 6 felony | 1 to 5 yearsInstead of prison, the jury or the judge may impose up to 12 months in jail, a fine of up to $2,500, or both. | Up to $2,500, only with the jail option | Va. Code § 18.2-10(f)4 |
Misdemeanor classes in Virginia
| Class | Jail | Fine | The law |
|---|---|---|---|
| Class 1 misdemeanor | Up to 12 monthsJail and fine can be combined. | Up to $2,500 | Va. Code § 18.2-11(a)6 |
| Class 2 misdemeanor | Up to 6 monthsJail and fine can be combined. | Up to $1,000 | Va. Code § 18.2-11(b)6 |
| Class 3 misdemeanor | No jail | Up to $500 | Va. Code § 18.2-11(c)6 |
| Class 4 misdemeanor | No jail | Up to $250 | Va. Code § 18.2-11(d)6 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Traffic infraction | Not a crime | Va. Code § 18.2-81 |
Good to know
A misdemeanor with no penalty set by statute is punished as a Class 1 misdemeanor.3
For felonies committed on or after July 1, 2000, when the sentence includes active time in a correctional facility, the court must add a suspended term of 6 months to 3 years tied to probation, unless it has already ordered a suspended term of at least 6 months.4
Some offenses set their own penalty instead of a class. Grand larceny, for example, carries 1 to 20 years in prison, or up to 12 months in jail and a fine of up to $2,500 at the jury's or judge's discretion.5
When theft is a felony in Virginia
In Virginia, stealing goods worth $1,000 or more (not from a person) is grand larceny, a felony punishable by 1 to 20 years in prison (or, at the jury's or judge's discretion, up to 12 months in jail and a fine of up to $2,500). Stealing a firearm is grand larceny at any value, and so is taking $5 or more from a person. Below those lines, larceny is petit larceny, a Class 1 misdemeanor.5
Va. Code §§ 18.2-95, 18.2-96 · Felony theft amounts in every state
DWI and DUI in Virginia
The penalty section is titled driving while intoxicated (DWI), and other sections call the same conduct driving under the influence (DUI). Both point to the offense in § 18.2-266.
- Repeat offenses
- A third offense within 10 years is a Class 6 felony.
- Which past offenses count
- 10 years. All three offenses must fall within a 10-year period. A third offense inside 5 years carries a 6 month mandatory minimum instead of 90 days.
- Other felony versions
- Any DUI is a Class 6 felony, with at least 1 year in prison, if the person has an earlier conviction for a felony DUI or for causing a death or serious injury while driving or boating intoxicated. Causing a death while driving under the influence is involuntary manslaughter; if the driving shows reckless disregard for human life, it is aggravated involuntary manslaughter, a felony punishable by 1 to 20 years. Causing serious bodily injury while driving intoxicated with reckless disregard for human life is a Class 6 felony, or a Class 4 felony if the injury leaves permanent and significant physical impairment.
Va. Code §§ 18.2-266, 18.2-270(C), 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.52 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Virginia?
In Virginia, a felony is an offense punishable by confinement in a state correctional facility. All other offenses are misdemeanors. Traffic infractions are not treated as crimes.
What is a Class 1 felony in Virginia?
In Virginia, the prison range for a Class 1 felony is life, and the fine is up to $100,000. Life is the most severe sentence the statute allows; death is not an authorized punishment. Anyone who was 18 or older at the time of the offense and is sentenced to life for a Class 1 felony is not eligible for parole, good conduct allowances, earned sentence credits or conditional release.
What is a Class 2 felony in Virginia?
In Virginia, the prison range for a Class 2 felony is 20 years to life, and the fine is up to $100,000.
What is a Class 3 felony in Virginia?
In Virginia, the prison range for a Class 3 felony is 5 to 20 years, and the fine is up to $100,000.
What is a Class 4 felony in Virginia?
In Virginia, the prison range for a Class 4 felony is 2 to 10 years, and the fine is up to $100,000.
What is a Class 5 felony in Virginia?
In Virginia, the prison range for a Class 5 felony is 1 to 10 years, and the fine is up to $2,500, only with the jail option. Instead of prison, the jury or the judge may impose up to 12 months in jail, a fine of up to $2,500, or both.
What is a Class 6 felony in Virginia?
In Virginia, the prison range for a Class 6 felony is 1 to 5 years, and the fine is up to $2,500, only with the jail option. Instead of prison, the jury or the judge may impose up to 12 months in jail, a fine of up to $2,500, or both.
What is a Class 1 misdemeanor in Virginia?
In Virginia, the jail range for a Class 1 misdemeanor is up to 12 months, and the fine is up to $2,500. Jail and fine can be combined.
What is a Class 2 misdemeanor in Virginia?
In Virginia, the jail range for a Class 2 misdemeanor is up to 6 months, and the fine is up to $1,000. Jail and fine can be combined.
What is a Class 3 misdemeanor in Virginia?
In Virginia, the jail range for a Class 3 misdemeanor is no jail, and the fine is up to $500.
What is a Class 4 misdemeanor in Virginia?
In Virginia, the jail range for a Class 4 misdemeanor is no jail, and the fine is up to $250.
How much theft is a felony in Virginia?
In Virginia, stealing goods worth $1,000 or more (not from a person) is grand larceny, a felony punishable by 1 to 20 years in prison (or, at the jury's or judge's discretion, up to 12 months in jail and a fine of up to $2,500). Stealing a firearm is grand larceny at any value, and so is taking $5 or more from a person. Below those lines, larceny is petit larceny, a Class 1 misdemeanor.
These are the general ranges in Virginia's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Virginia" https://secondchanceindex.com/felony-classes/virginia, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- Va. Code § 18.2-8
- Va. Code §§ 18.2-266, 18.2-270(C), 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5
- Va. Code § 18.2-12
- Va. Code § 18.2-10
- Va. Code § 18.2-95
- Va. Code § 18.2-11 Punishment for conviction of misdemeanorVirginia Law (Division of Legislative Services)
- Va. Code § 18.2-96 Petit larceny defined; how punishedVirginia Law (Division of Legislative Services)
- Va. Code § 18.2-266 Driving motor vehicle, engine, etc., while intoxicated, etc.Virginia Law (Division of Legislative Services)
- Va. Code § 18.2-36.1 Certain conduct punishable as involuntary manslaughterVirginia Law (Division of Legislative Services)
- Va. Code § 18.2-51.4 Maiming, etc., of another resulting from driving while intoxicatedVirginia Law (Division of Legislative Services)
- Va. Code § 18.2-36.2 Involuntary manslaughter; operating a watercraft while under the influence; penaltiesVirginia Law (Division of Legislative Services)
- Va. Code § 18.2-51.5 Maiming, etc., of another resulting from operating a watercraft while intoxicated; penaltyVirginia Law (Division of Legislative Services)