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The sentence and penalty glossary shows you the maximum penalty that a person may receive if convicted of the offense charged.

For example a person charged with a traffic infraction or with a class three or class four misdemeanor offense will not receive any jail time. They may be subject to a fine.

SENTENCE/PENALTY GLOSSARY

The following statutory provisions prescribe the general sentencing provisions in criminal and traffic cases:

 

FELONY CONVICTION (§ 18.2-10)

Class 1 felonies:

Death or imprisonment for life and subject to a fine of not more than $100,000 in life sentences.  If, however, the defendant was under the age of 16 at the time of the offense, the punishment is imprisonment for life and a fine of not more than $100,000.

 

Class 2 felonies:

Imprisonment for life or for any term not less than twenty years and a fine of not more than $100,000.

 

Class 3 felonies:

A term of imprisonment of not less than five years or more than twenty years and a fine of not more than $100,000.

 

Class 4 felonies:

A term of imprisonment of not less than two years nor more than ten years and a fine of not more than $100,000.

 

Class 5 felonies:

A term of imprisonment of not less than one year nor more than ten years or, in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not more than two thousand, five hundred dollars, either or both.

 

Class 6 felonies:

A term of imprisonment of not less than one year nor more than five years or, in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not more than two thousand, five hundred dollars, either or both.

 

†For a felony offense prohibiting proximity to children as described in subsection A of §18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.

 

 

 MISDEMEANOR CONVICTION (§ 18.2-11)

Class 1 misdemeanors:

 

Confinement in jail for not more than twelve months and a fine of not more than two thousand, five hundred dollars, either or both.

 

Class 2 misdemeanors:

Confinement in jail for not more than six months and a fine of not more than one thousand dollars, either or both.

 

Class 3 misdemeanors:

A fine of not more than five hundred dollars.

 

Class 4 misdemeanors:

A fine of not more than two hundred fifty dollars.

 

†For a misdemeanor offense prohibiting proximity to children as described in subsection A of §18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.

 

TRAFFIC INFRACTION (§ 46.2-113)

A fine of not more than one hundred dollars.

7/1/2002 Magistrate Manual (Revision 23)

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