Classification of Class 5 Felonies in VA

Felonies are punishable by incarceration in state prison or death in Virginia. Less serious crimes like misdemeanor offenses are punishable by 12 months in prison max. For more info on misdemeanor offense and crimes in Virginia, see Virginia Misdemeanor Crimes by the class and the sentences. In Virginia, felonies are designated from class 1 to class 6 (class 1 being the most serious whereas class 6 being the least serious) but lawmakers may also set detailed terms for certain crimes and offenses. (Va. Ann. Code § § 18.2-8, 18.2-9.)

Class 5 felonies are “wobblers,” crimes that can be either a felony or a misdemeanor, depending on how the crime is charged and, sometimes, how the judge or jury decides to treat a conviction. Class 5 felonies in Virginia are punishable by:

  • one to ten years in prison (when the conviction is a felony), or
  • Up to 12 months in jail and a fine of $2,500 (misdemeanor).

(Va. Ann. Code § 18.2-10.)

Battery (causing injury to another) by a prisoner is a Class 5 felony. A statute of limitations is a time period during which the state must begin criminal prosecution. The statute of limitations begins to “run” when the crime is committed. In Virginia, the most serious crimes (murder and manslaughter) have no statutes of limitations.

Consequences of a Felony Conviction

In Virginia, a conviction of a felony crime has penalties outside of a fine and jail time. If you are convicted of a violent felony offense, you can lose your right to vote for the rest of your life. If, however, it is a non-violent felony offense, such as possession of any drug, or etc. then you may file a petition in the court to have your right to vote reinstalled once you’ve served your prison sentence, parole, probation, and pay restitution and all fines, which may take some time. Moreover, several other rights enjoyed by a variety of individuals are at risk if you are charged with a felony offense including owning a weapon, enlistment in the armed service, serving on a Grand Jury, or running for state office.

Facing a felony charge is scary. There are a lot of uncertainties when you are charged and you often do not know where to turn. Law Office Sris P.C is here to help. We work on many different criminal matters and can help in many different circumstances. We are committed to advocating aggressively for all of our clients at every stage of the process. Contact our team today to see how we can help.