Virginia Misdemeanor Classes: A Quick Guide

There are 5 different types of misdemeanors in Virginia, each carrying different penalties. These types are called “misdemeanor classes.”

Last updated on April 30th, 2019

Misdemeanors are criminal offenses which generally result in less than a year of jail time. The Virginia Code categorizes all misdemeanors into one of five different classes.

Class 1 misdemeanors are the most serious, while Class 4 misdemeanors are generally only punished with small fines. Class U misdemeanors are for other miscellaneous crimes, such as first-offense marijuana possession.

A misdemeanor conviction will usually result in fines, jail time, and a mark on your permanent criminal record. For this reason, it’s important to contact a lawyer as soon as possible if you’ve been charged with a misdemeanor.

In this article, we’ll go over each of the five different misdemeanor classes in Virginia. We’ll also discuss the penalties you can expect if you’re charged with a misdemeanor from one of these classes.

What is a Misdemeanor?

Man drinking alcohol while driving.

As noted above, the Virginia Code categorizes most misdemeanors into one of the five major misdemeanor classes, depending on the severity of the crime.

While misdemeanors are not as serious as felonies, they’re still criminal charges that will show up on your criminal record. They also carry significant enough penalties to seriously affect your life, such as months in jail and fines of several thousand dollars.

Note that misdemeanors are also not the same thing as minor traffic infractions. While small infractions such as speeding tickets are still serious charges, they’re still something separate from criminal misdemeanors.

Additionally, some crimes can fall into multiple misdemeanor classes depending on the specific facts of the case.

For example, different drug possession charges can fall under different misdemeanor classes depending on the Schedule type of the drug.

This is one of the reasons that having trustworthy legal representation is so important. An experienced criminal lawyer can often lower these sentences by arguing for penalties from a lower class.

Class 1 Misdemeanors

As mentioned previously, Class 1 misdemeanors are the most serious variety.

Anyone found guilty of a Class 1 misdemeanor faces a fine of up to $2,500 and/or up to 1 year in jail. Additionally, they may also face other consequences based on the nature of their crime.

For example, Virginia courts often revoke the licenses of individuals convicted of DUI offenses.

Some of the most commonly charged Class 1 misdemeanors include:

  • Reckless Driving – This includes driving at more than 80 miles per hour, driving 20 miles per hour or more over the posted speed limit, or driving in an obviously unsafe way.
  • Driving Under the Influence of Drugs or Alcohol (DUI) – Virginia law considers a driver intoxicated if their blood-alcohol content is 0.08 percent or higher.
  • Assault and Battery – Assault is the desire to cause harmful or offensive contact with another person, battery is actually doing so. This includes purely verbal contact, such as threats.
  • Petit Larceny – Petit Larceny is stealing less than $5 from another’s person, or less than $500 from a place not on another person (such as shoplifting).
  • Drug Possession Charges – Certain possession charges also count as Class 1 misdemeanors. Possession of a Schedule III controlled substance, such as hydrocodone or anabolic steroids, would fit this penalty.

Class 2 Misdemeanors

Class 2 misdemeanors are generally less serious than the crimes found in Class 1. However, Virginia law still treats them pretty harshly.

Anyone found guilty of a Class 2 misdemeanor faces a fine of up to $1,000 and/or up to 6 months in jail. Common examples of Class 2 misdemeanors include:

  • Driving Without a License (First Offense) – The first offense of driving without a license is a Class 2 misdemeanor. Virginia treats a second offense, as well as the act of driving on a suspended license, as a Class 1 misdemeanor.
  • Illegal Possession of a Schedule IV Controlled Substance – These are drugs with a low potential for abuse, such as many prescription antidepressants. Possession of drug paraphernalia is also a Class 2 misdemeanor in Virginia.

As with Class 1 misdemeanors, the court may set other penalties as well, such as the revocation of driving privileges.

Class 3 and Class 4 Misdemeanors

Class 3 and 4 misdemeanors are the least serious misdemeanor classes. Virginia courts generally punish these crimes with fines instead of jail time.

For Class 3 misdemeanors, a judge can fine you up to $500. Meanwhile, fines for Class 4 misdemeanors are usually less than $250.

As one other note on sentencing, while these lower charges generally don’t come with jail time, that option isn’t entirely off the table. Especially for repeat offenders, courts can add additional penalties depending on the circumstances of the case.

Some common examples of Class 3 misdemeanors include:

  • Unintentional Vandalism – Any kind of unintentional damage to property counts as a Class 3 misdemeanor. Note that Virginia treats vandalism committed in an attempt to steal as either a Class 1 misdemeanor or sometimes even a felony depending on the value of the item.
  • Possession of a Schedule V Controlled Substance – Like the Schedule IV classification, this list includes many prescription drugs with low potential for abuse.

In a similar manner, Class 4 misdemeanors include crimes such as:

  • Public Intoxication – Punishable through the same law also prohibits “profane swearing” in public, although this is almost never enforced.
  • Unauthorized Use of Public Property – Any unauthorized use of public property will generally result in a Class 4 misdemeanor charge. For example, trespassing onto a cemetery at night is punishable as a Class 4 misdemeanor.
  • Illegal Possession of a Schedule VI Controlled Substance – Schedule VI is a sort of catch-all category for drugs not included on the rest of the list.

Undefined (Class U) Misdemeanors

Sometimes, the Virginia Code will list a crime as a misdemeanor but never specify a specific class. These are sometimes referred to as “Class U” misdemeanors.

The penalties for these types of misdemeanors generally fall somewhere between the Class 3 and Class 2 penalties outlined above.

The most common Class U misdemeanor is the unlawful possession of marijuana by a first offender. This crime is punishable by a maximum penalty of a $500 fine and up to 30 days in jail.

Most Class U misdemeanors change to a normal class of misdemeanor after the crime meets a certain requirement.

For example, while a first offense of marijuana possession is a Class U misdemeanor, a second or subsequent offense counts as a Class 1 misdemeanor.

Conclusion

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The key takeaway here is that Virginia law allows the court a lot of leeway when it comes to sentences for misdemeanors. For this reason, it’s critically important to contact a lawyer as soon as you’ve been charged with a crime.

An experienced criminal lawyer can help you navigate a possible plea deal to reduce your charges to a different misdemeanor class. Alternatively, they may also convince the judge to dismiss the charges altogether.

Knowing about Virginia’s misdemeanor classes, and what they mean for sentencing, will help you understand your options after a criminal charge.

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