Virginia Felony: Laws, Penalties, Sentencing, and Records

In Virginia, a felony is a serious crime punishable by more than one year in state prison. Felonies are the most severe crimes under Virginia law and have serious effects on individuals, including incarceration. It also leads to paying heavy fines, restrictions on certain civil rights, and documentation of one’s criminal record. Virginia classifies felonies into six classes (Class 1 to 6), with Class 1 being the most severe.

What Is Considered a Felony in Virginia?

In Virginia, felonies are defined under the Code of Virginia, Title 18.2 – Crimes and Offenses. The following are the types of crimes classified as felonies in Virginia:

• Violent Crimes: These include offenses that may lead to bodily harm. Crimes in this category include murder, manslaughter, rape, aggravated assault, robbery, and kidnapping.
• Drug Crimes: This refers to the sale and possession of schedule 1 and 2 substances. It involves the trafficking, manufacturing, and distribution of controlled substances.
• Property Crimes: Arson, burglary, motor vehicle theft (MVT), and larceny of property valued at $1,000 or more aretypes of property crimes.
• White-Collar Crimes: It involves the use of deceit for one’s personal gain. Crimes in this category include fraud, embezzlement, forgery, and identity theft.
• Weapons Offenses: This involves the possession of firearms, unlawful sales of firearms, and armed criminal conduct.

Certain misdemeanors escalate to felonies based on circumstances. For example:

• Petit larceny becomes felony grand larceny if the stolen property exceeds $1,000.
• Assault rises to felony aggravated assault if it results in serious injury or involves a deadly weapon.

What Is a Felony in Virginia?

Virginia law defines a felony as any offense punishable by more than one year in state prison. On the other hand, misdemeanors are punishable by up to 12 months in local jails.

Consequences of a felony conviction in Virginia include:

• Prison sentences ranging from 1 year to life to the death sentence.
• Offenders are required to pay fines up to $100,000.
• Loss of rights, including firearm ownership, jury service, and voting while incarcerated.
• Permanent criminal record, which may affect employment, residential applications, and certification.

Felony Classes and Penalties in Virginia

Virginia categorizes felonies into six classes, with Class 1 being the most severe.

Virginia Felony Classes

• Class 1 Felony
  • A crime in this category is capital murder.
  • Penalty: Individuals found guilty are sentenced to life imprisonment or a death penalty.
  • Fine: It also attracts payment of up to $100,000 in fines.
• Class 2 Felony
  • These include aggravated assault, certain violent sex crimes, and large-scale drug trafficking.
  • Penalty: It carries a potential sentence of 20 years or life imprisonment.
  • Fine: It also includes a penalty of payment of a $100,000 fine.
• Class 3 Felony
  • These include burglary with a deadly weapon, certain drug offenses, and aggravated robbery.
  • Penalty: Offenders are liable to 5 to 20 years in prison.
  • Fine: A fine of up to $100,000 is required of offenders.
• Class 4 Felony
  • These include involuntary manslaughter, arson, and mid-level fraud.
  • Penalty: Persons charged with Class 4 felonies are sentenced to 2 to 10 years in prison.
  • Fine: This crime also attracts a fine payment of up to $100,000.
• Class 5 Felony
  • The crimes categorized as Class 5 felonies include assault, extortion, and smaller-scale fraud.
  • Penalty: An offender may be sentenced to a prison term ranging between 1 and 10 years (alternatively, up to 12 months in jail, at the court’s discretion).
  • Fine: The fine due for a Class 5 felony is typically up to $2,500 in Virginia.
• Class 6 Felony
  • Class 6 felony is the least severe felony category. It includes grand larceny, small-scale drug possession with intent, and certain firearm offenses.
  • Penalty: Persons convicted of a Class 6 felony serve between 1 and 5 years in prison (or up to 12 months in jail, at the court’s discretion).
  • Fine: This crime is also punishable with a fine payment of up to $2,500.

Felony Sentencing Guidelines in Virginia

In Virginia, sentencing is guided by statutory ranges, judicial discretion, and the Virginia Sentencing Guidelines.

Key Sentencing Factors

1. Felony Class: By statute, each class of felony corresponds to a range of penalties.
2. Mandatory Minimums: Certain crimes, such as firearm-related felonies and drug trafficking, impose mandatory minimums.
3. Aggravating Factors: Crimes against children or elderly victims, gang activity, prior convictions, use of deadly weapons.
4. Mitigating Factors: Efforts at rehabilitation, an offender’s status as a first-time offender, and no prior criminal records with law enforcement officers may help reduce the number of terms a person is sentenced to.
5. Habitual Offender Enhancements: Repeat offenders typically face stricter penalties and sentence terms.
6. Probation and Alternative Sentencing: Certain nonviolent crimes, including Class 5 and 6 felonies, may qualify for probation.
7. Parole: Virginia abolished parole in 1995, but certain older cases and “geriatric release” remain exceptions. Geriatric release is a special exception that allows older inmates to petition for conditional release under specific criteria.

An aggravated assault, which is a Class 2 felony, carries a mandatory minimum sentence of 20 years. In addition, individuals that commit this category of crime are not eligible for parole.

Felony Laws and Procedures in Major Virginia Cities

Richmond (Richmond City Circuit Court)

In the City of Richmond, felony cases are handled by the Richmond Circuit Court.The types of cases tried in the Circuit Court include violent crimes, drug trafficking, and property crimes. Felony records are accessible through the Richmond City Circuit Court Clerk or the Virginia Judicial System Case Information portal.

Virginia Beach (Virginia Beach Circuit Court)

The Virginia Beach Circuit Court has jurisdiction over felony cases that occur within the City of Virginia Beach. Common cases adjudicated in this Circuit Court include burglary, fraud, and violent crimes. The Virginia Beach Circuit Court Clerk’s Office serves as the record keeper, and anyone may visit the clerk’s office in person to inspect records.

Norfolk (Norfolk Circuit Court)

Felony cases in Norfolk are tried in the Norfolk Circuit Court, which manages narcotics, theft, and assault prosecutions. Records can be obtained from the Norfolk Circuit Court Clerk or statewide systems.

How to Search for Felony Records in Virginia

Virginia provides access to felony records through statewide and county-level resources.

1. Virginia Judicial System Case Information

The Virginia Judicial System Case Information portal allows the public to search felony cases by name or a case number. The records typically contain the following details:

• Case number and docket entries.
• Charges filed.
• Court location.
• Sentencing outcomes.

2. Circuit Court Clerk’s Offices

The public may request certified copies of felony case files from the appropriateCircuit Court Clerk.This is obtainable in the county or city where the case was heard.

3. Virginia State Police – Criminal Records Division

The Central Criminal Records Exchange (CCRE), managed by the Virginia State Police, provides official statewide criminal history reports. Interested persons are required to undergo a fingerprint-based check before accessing records.

4. Local Police Departments and Sheriff’s Offices

Law enforcement agencies maintain arrest and incident records. The public may submit requests for copies of records under the Virginia Freedom of Information Act (FOIA). In contrast, records for ongoing investigations are confidential and not accessible to the public.

5. Third-Party Background Checks

Certain websites act as a third party and provide access to nonconfidential information, including felony records. Alternatively, the public may find official or certified copies from clerks of courts maintaining those records or from state police sources.

Open vs. Sealed Records

• Open Records: Most felony convictions in Virginia are non-confidential records.
• Expungement: Virginia allows expungement of records of individuals who were acquitted or whose records were dismissed and dropped. Felonies that result in convictions are ineligible for expungement, although pardons may offer certain relief.

Why Understanding Felonies in Virginia Matters

In Virginia, a felony conviction leads to long-term consequences that typically go beyond incarceration and fines. They affect civil rights, limit employment opportunities, and restrict housing applications and licensing eligibility. For individuals, employers, and organizations, understanding Virginia felony laws, penalties, and record access is crucial and beneficial.

In Virginia, felonies are divided into six classes (Class 1–6). Penalties range from 1 year for Class 6 felonies to life or a death sentence for Class 1 felonies. Sentencing depends on statutory ranges, mandatory minimums, and aggravating and mitigating factors.

Felony records may be accessed through the Virginia Judicial System portal, Circuit Court Clerks, or the Virginia State Police. This enables public transparency, and also certain records may be eligible for expungement, such as those involving non-violent crimes.