What is the Difference Between Misdemeanors and Felonies Under Virginia Law?
Felony and misdemeanor crimes are distinguished under Virginia law by the maximum punishment one can receive for each. Felonies are crimes punishable by death or imprisonment for more than 12 months. Misdemeanors are crimes punishable by no more than 12 months in jail. Jail sentences for misdemeanors are served at local facilities (county or regional jails), while incarceration for felonies occurs in state correctional facilities (prison). Misdemeanors are divided into four classes, with maximum punishments as follows: Class 1 Misdemeanor: 12 months in jail; $2,500 fine Class 2 Misdemeanor: 6 months in jail; $1,000 fine Class 3 Misdemeanor: $500 fine Class 4 Misdemeanor: $250 fine Felonies are divided into six classes, with maximum punishments as follows: Class 1 Felony: Death, if older than 16 at time of offense and not mentally retarded; or life imprisonment and/or $100,000 fine Class 2 Felony: 20 years to life imprisonment and/or $100,000 fine Class 3 Felony: 5 – 20 years imprisonme