Virginia Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail
Virginia criminal law basics: felony and misdemeanor classes and penalties, the felony theft amount, stand your ground and castle doctrine, statutes of limitations, bail and public defenders, from state statutes.
Quick answers for Virginia
- How much theft is a felony
- Grand larceny (a felony) is simple larceny not from the person of another of goods and chattels of the value of $1,000 or more, larceny from the person of another of money or other thing of value of $5 or more, or simple larceny not from the person of any firearm, regardless of the… Va. Code §§ 18.2-95, 18.2-96
- Stand your ground / duty to retreat
- No statute; the rule comes from case law. Virginia recognizes two forms of self-defense. Justifiable self-defense: a person without any fault in provoking or bringing on the difficulty who kills under reasonable apprehension of death or great bodily harm need not retreat, but is… Bailey v. Commonwealth, 200 Va. 92, 96 (1958); McCoy v. Commonwealth, 125 Va. 771, 775 (1919); as quoted in Horne v. Commonwealth, Record No. 1267-22-1 (Va. Ct. App. Dec. 28, 2023) (unpublished)
- Criminal statutes of limitations
- In Virginia, there is no statute of limitations for prosecuting felony crimes (Virginia State Crime Commission). Va. Code §§ 19.2-8, 19.2-8.1
- Marijuana possession
- Legal for adults 21 or older to possess, on their person or in a public place, not more than two ounces of marijuana or an equivalent amount of marijuana product as determined by regulation. Va. Code § 4.1-1100 (as amended by 2026 Sp. Sess. I, c. 1)
Last verified: 2026-10-27
Felonies, misdemeanors and theft
| Felony classes and maximum sentences | Virginia grades felonies as Classes 1 through 6. Class 1: imprisonment for life and a fine of not more than $100,000 (for a person 18 or older at the time of the offense who is sentenced to life, no parole, good conduct or earned sentence credits, or conditional release). Class 2: imprisonment for life or for any term not less than 20 years, and a fine of not more than $100,000. Class 3: 5 to 20 years, and a fine of not more than $100,000. Class 4: 2 to 10 years, and a fine of not more than $100,000. Class 5: 1 to 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and/or a fine of not more than $2,500. Class 6: 1 to 5 years, or in the discretion of the jury or the court, confinement in jail for not more than 12 months and/or a fine of not more than $2,500. For most felonies the court may or must add a suspended term of six months to three years conditioned on probation. Source: Va. Code § 18.2-10 |
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| Misdemeanor classes and maximum penalties | Class 1 misdemeanor: confinement in jail for not more than 12 months and/or a fine of not more than $2,500. Class 2: confinement in jail for not more than 6 months and/or a fine of not more than $1,000. Class 3: a fine of not more than $500. Class 4: a fine of not more than $250. Source: Va. Code § 18.2-11 |
| How much theft is a felony | Grand larceny (a felony) is simple larceny not from the person of another of goods and chattels of the value of $1,000 or more, larceny from the person of another of money or other thing of value of $5 or more, or simple larceny not from the person of any firearm, regardless of the firearm's value. Grand larceny is punishable by 1 to 20 years in a state correctional facility, or in the discretion of the jury or court, jail for not more than 12 months and/or a fine of not more than $2,500. Petit larceny (simple larceny of less than $1,000, or from the person of less than $5) is a Class 1 misdemeanor. Petit larceny: https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-96/ Source: Va. Code §§ 18.2-95, 18.2-96 |
Self-defense
| Stand your ground / duty to retreat | No statute; the rule comes from case law. Virginia recognizes two forms of self-defense. Justifiable self-defense: a person without any fault in provoking or bringing on the difficulty who kills under reasonable apprehension of death or great bodily harm need not retreat, but is permitted to stand his ground and repel the attack by force, including deadly force, if it is necessary. Excusable self-defense: a person who was in some fault in provoking or bringing on the difficulty must, when attacked, retreat as far as possible and announce a desire for peace before killing in self-defense. |
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| Castle doctrine (defending your home) | Common-law castle doctrine (no statute). It has two principles: (1) persons within the home or its curtilage have no duty to retreat and may exercise all needful force, including deadly force, to keep aggressors out, but deadly force is permissible only if the intruder is trespassing and it is necessary to prevent a felonious destruction of property or the commission of a felony in the home; the doctrine does not apply to someone peaceably present under an implied license; (2) a person attacked in his own home or its curtilage, if free from fault, has no duty to retreat and may use reasonable force, including deadly force, to eject or subdue the attacker. For a mere trespass upon land, the owner has no right to assault the trespasser with a deadly weapon. |
Charges, bail and your lawyer
| Criminal statutes of limitations | In Virginia, there is no statute of limitations for prosecuting felony crimes (Virginia State Crime Commission). Misdemeanors: prosecution must be commenced within one year next after there was cause therefor, with many exceptions, including petit larceny (5 years), nonfelonious malfeasance in office (2 years), and certain misdemeanors involving a minor victim (1 year after the victim reaches majority, or 5 years if the offender was an adult more than 3 years older than the victim). A prosecution for murder or manslaughter may proceed regardless of the time between the act causing death and the victim's death. Felony statement: Virginia State Crime Commission, Statute of Limitations for Sexual Crimes Against Minors (Sept. 29, 2015), https://vscc.virginia.gov/Sex%20misdemeanors%20statute%20of%20limitations%20FINAL-1.pdf ; murder/manslaughter: https://law.lis.virginia.gov/vacode/title19.2/chapter1/section19.2-8.1/ Source: Va. Code §§ 19.2-8, 19.2-8.1 |
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| Bail and pretrial release | A judicial officer decides bail and, before any bail hearing, must obtain the person's criminal history to the extent feasible. A person held in custody shall be admitted to bail unless there is probable cause to believe that the person will not appear for trial or hearing, or that the person's liberty will constitute an unreasonable danger to himself, family or household members, or the public. The judicial officer considers all relevant information, including the nature and circumstances of the offense, whether a firearm was alleged to have been used, the weight of the evidence, family ties, employment, education or treatment, length of residence and community ties, criminal convictions, court appearance history and failures to appear, likelihood of obstructing justice or threatening witnesses, jurors or victims, pregnancy or recent birth or nursing, bond status on unrelated arrests, and probation or parole status. If bail is granted to a person charged with an act of violence under § 19.2-297.1, the Commonwealth's attorney must be notified. Source: Va. Code § 19.2-120 |
| Right to a public defender | A person charged with an offense that may be punishable by confinement in a state correctional facility or jail who claims indigency may have counsel appointed. The court determines indigency by oral examination or other competent evidence, reviewing net income, convertible assets and exceptional expenses (a spouse's finances count if living in the household, unless the spouse is the alleged victim). Recipients of a state or federal public assistance program for the indigent are presumed eligible. Counsel must be appointed if available funds are at or below 125 percent of the federal poverty income guidelines for the household size; above that, the court may appoint counsel in exceptional circumstances, stating its reasons in writing. The accused signs a sworn statement of indigence and a written financial statement. Where there is no public defender, counsel is chosen by fair rotation from a list maintained by the Virginia Indigent Defense Commission. Source: Va. Code § 19.2-159 |
Other common questions
| Age of consent | No single 'age of consent' section. Carnal knowledge, without force, of a child thirteen years of age or older but under fifteen years of age is a Class 4 felony; a child under 13 cannot be a consenting child. Close-in-age: if the child consents and the accused is a minor, it is a Class 6 felony if the child is three or more years younger than the accused, and a Class 4 misdemeanor if the child is less than three years younger. A person 18 or older who engages in consensual sexual intercourse (or listed acts) with a child 15 or older who is not the person's spouse, child or grandchild is guilty of a Class 1 misdemeanor (contributing to the delinquency of a minor). Adult with 15-17: https://law.lis.virginia.gov/vacode/title18.2/chapter8/section18.2-371/ Source: Va. Code §§ 18.2-63, 18.2-371 |
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| Marijuana possession | Legal for adults 21 or older to possess, on their person or in a public place, not more than two ounces of marijuana or an equivalent amount of marijuana product as determined by regulation. Possessing more than that is a civil penalty of no more than $25. More than four ounces but not more than one pound: Class 3 misdemeanor (Class 2 misdemeanor for a second or subsequent offense). More than one pound: felony punishable by 1 to 10 years and/or a fine of not more than $250,000. The four-ounce and one-pound penalties do not apply to possession in one's residence or to licensees acting within their duties. |
Assault, battery and domestic violence
| Assault | Virginia uses the common-law crimes of assault and of assault and battery, and the statute sets only the penalty. Simple assault or assault and battery is a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500). It becomes a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine), with a mandatory minimum of six months, when committed against a person the offender knows or should know is a judge, magistrate, law-enforcement officer, firefighter, emergency medical services worker or certain correctional staff doing their duties; it is also a Class 6 felony with at least six months when an assault and battery causing bodily injury targets a victim because of race, religion, gender, disability, sexual orientation, gender identity or national origin. Serious attacks are charged as malicious wounding: maliciously shooting, stabbing, cutting or wounding someone, or otherwise causing bodily injury, with intent to maim, disfigure, disable or kill, is a Class 3 felony (5 to 20 years); doing so unlawfully but without malice is a Class 6 felony. Malicious wounding: https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-51/ . Class penalties: https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-10/ (felonies) and https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-11/ (misdemeanors). |
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| Battery | Virginia does not have a stand-alone battery statute; the offense is charged as assault and battery, a common-law crime whose penalty is set in the same section as assault. Simple assault and battery is a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500), and the felony versions are the same as for assault (Class 6 felony against police, firefighters, judges and similar officials, or when a bias-motivated battery causes bodily injury). Assault and battery against a family or household member is a separate offense (see domestic violence). Class penalties: https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-10/ (felonies) and https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-11/ (misdemeanors). |
| Domestic violence | Assault and battery against a family or household member is a separate offense and a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500). It becomes a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine) when the person has two prior convictions for domestic assault and battery, malicious or unlawful wounding, strangulation or similar offenses, committed on different dates within 20 years of each other. When a warrant is issued, the magistrate must issue an emergency protective order (unless the defendant is a minor). Strangulation or suffocation (applying pressure to the neck or blocking the airway without consent, impeding breathing or blood circulation and causing wounding or bodily injury) is a Class 6 felony regardless of relationship. Strangulation: https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-51.6/ . 'Family or household member' is defined in § 16.1-228. Class penalties: https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-10/ (felonies) and https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-11/ (misdemeanors). |
| Harassment and stalking | Stalking is engaging in conduct more than once, in person or by mail, phone or electronic communication, directed at a person, intending to cause (or knowing or reasonably should know it would cause) reasonable fear of death, criminal sexual assault or bodily injury to that person or a family or household member. A first offense is a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500). A second stalking offense within five years of a prior conviction is a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine). Separately, using a computer or network to coerce, intimidate or harass someone by sending obscene language, indecent proposals or threats is harassment by computer, a Class 1 misdemeanor. Harassment by computer: https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-152.7:1/ . Class penalties: https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-10/ (felonies) and https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-11/ (misdemeanors). |
Shoplifting, burglary, vandalism and trespassing
| Shoplifting and petty theft | Shoplifting is called concealment of merchandise in Virginia: willfully concealing or taking possession of a store's goods, altering a price tag, or moving goods to another container, intending to avoid paying full price. Concealing goods while still in the store is prima facie evidence of intent. If the goods are worth less than $1,000 it is petit larceny, a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500); $1,000 or more is grand larceny. Virginia's former rule making a third larceny offense a felony (§ 18.2-104) was repealed effective July 1, 2021. Under the civil statute, a merchant may recover two times the unpaid retail value of the merchandise (but at least $50), or liquidated damages of no more than $350 if the goods were recovered in sellable condition, plus reasonable attorney's fees and costs not exceeding $150 combined. Petit larceny: https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-96/ ; civil recovery: https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-44.4/ ; repeal notice: https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-104/ . Class penalties: https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-10/ (felonies) and https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-11/ (misdemeanors). |
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| Burglary and robbery | Burglary is breaking and entering someone's dwelling at night with intent to commit a felony or larceny; it is a Class 3 felony (5 to 20 years), or a Class 2 felony (life or 20 years or more) if the person was armed with a deadly weapon when entering. Statutory burglary covers other entries (daytime break-ins, entering and hiding, or entering other buildings, ships, railroad cars or dwelling vehicles): entering with intent to commit murder, rape, robbery or arson is a Class 3 felony, and entering with intent to commit larceny, assault and battery or another felony is punishable by 1 to 20 years in prison or, at the jury's or judge's discretion, up to 12 months in jail and/or a $2,500 fine; either becomes a Class 2 felony if the person was armed with a deadly weapon. Robbery (taking property from a person by force or threat) is graded by how it is done: Class 6 felony by threat or intimidation without a deadly weapon (1 to 5 years); Class 5 felony with physical force not causing serious injury, or with a non-firearm deadly weapon (1 to 10 years); Class 3 felony when a firearm is used or displayed (5 to 20 years); Class 2 felony when it causes serious bodily injury or death. Burglary: https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-89/ ; statutory burglary: https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-90/ and https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-91/ . Robbery grades were set by Acts 2021, Sp. Sess. I, c. 534. Class penalties: https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-10/ (felonies) and https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-11/ (misdemeanors). |
| Vandalism (property damage) | Vandalism is called destruction of property in Virginia. Intentionally destroying, defacing or damaging someone else's property is a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500) if the damage is less than $1,000, and a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine) if it is $1,000 or more; the amount can be proved by the fair market cost of repair or replacement value. Unlawful damage done without that intent is a Class 3 misdemeanor (fine up to $500). The court may order restitution. Class penalties: https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-10/ (felonies) and https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-11/ (misdemeanors). |
| Trespassing | Criminal trespass is entering or staying on another person's land, building or premises without legal authority after being told not to, either orally or in writing by the owner or person in charge, by signs posted where they can reasonably be seen, or by a court protective order that the person was served with. It is a Class 1 misdemeanor, punishable by up to 12 months in jail and/or a fine up to $2,500. The trespass statute does not set separate grades for land, buildings or dwellings. Class penalties: https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-10/ (felonies) and https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-11/ (misdemeanors). Source: Va. Code §§ 18.2-119, 18.2-11 |
Drugs and driving crimes
| Drug possession | Possessing a Schedule I or II controlled substance (for example heroin, cocaine, fentanyl or methamphetamine) without a valid prescription is a Class 5 felony (1 to 10 years, or up to 12 months in jail and/or a $2,500 fine). Schedule III possession is a Class 1 misdemeanor, Schedule IV a Class 2 misdemeanor, Schedule V a Class 3 misdemeanor and Schedule VI a Class 4 misdemeanor. Virginia's paraphernalia law makes selling paraphernalia, or possessing it with intent to sell, a Class 1 misdemeanor; the statute does not make simple possession of paraphernalia a crime. A first offender with no prior drug conviction who pleads to possession may have the case deferred and be placed on probation with a substance abuse assessment, drug testing and community service (at least 100 hours for a felony); on successful completion the charge is dismissed without a finding of guilt. First offender: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-251/ ; paraphernalia: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-265.3/ . Class penalties: https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-10/ (felonies) and https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-11/ (misdemeanors). |
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| Hit and run | A driver in a crash that kills or injures someone, or damages an attended vehicle or other attended property, must stop immediately, report name, address, driver's license and registration number to police and to the people involved, and give reasonable help to anyone injured. Leaving the scene is a Class 5 felony (1 to 10 years, or up to 12 months in jail and/or a $2,500 fine) when the crash causes injury or death or more than $1,000 in property damage. It is a Class 1 misdemeanor (up to 12 months in jail and/or a $2,500 fine) when the crash causes $1,000 or less in property damage. Class penalties: https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-10/ (felonies) and https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-11/ (misdemeanors). |
| Reckless driving | Reckless driving is driving on a highway recklessly or at a speed or in a manner that endangers the life, limb or property of any person, regardless of the speed limit. Driving 20 mph or more over the posted limit, or faster than 85 mph anywhere, is reckless driving by speed. It is a Class 1 misdemeanor, punishable by up to 12 months in jail and/or a fine up to $2,500. It becomes a Class 6 felony if the driver's license was suspended or revoked for a moving violation and the reckless driving was the sole and proximate cause of another person's death. Definition: https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-852/ ; speed: https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-862/ . § 46.2-868 itself does not set a license suspension. Class penalties: https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-10/ (felonies) and https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-11/ (misdemeanors). |
Arrests, court dates and probation
| Resisting arrest | Intentionally preventing or trying to prevent a law-enforcement officer from lawfully arresting you (including fleeing after the officer applies physical force or tells you that you are under arrest) is a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500). Knowingly obstructing a law-enforcement officer in his duties is also a Class 1 misdemeanor; obstruction using threats of bodily harm or force in connection with certain drug-distribution or violent-felony cases is a Class 5 felony. Fleeing police in a vehicle after a signal to stop (eluding) is a Class 2 misdemeanor (up to 6 months and/or $1,000); it becomes a Class 6 felony if the driving endangers a person or the police vehicle, and a Class 4 felony (2 to 10 years) if an officer is killed in the pursuit. Eluding also requires a license suspension of 30 days to one year (at least 90 days if the driver went 20 mph or more over the limit). Eluding: https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-817/ . The former resisting-arrest section § 18.2-479.1 was repealed by Acts 2018, c. 417. Class penalties: https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-10/ (felonies) and https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-11/ (misdemeanors). |
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| Missing a court date | Willfully failing to appear in court after release on bail, recognizance or a summons is a crime in Virginia. If the person was charged with (or convicted and on a suspended sentence for) a felony, it is a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine); for a misdemeanor it is a Class 1 misdemeanor (up to 12 months and/or $2,500). Any bond can also be forfeited. 'Willfully' means intentionally trying to avoid the court process, and the court must consider reasons such as illness, unforeseen transportation problems, lack of dependent care, and steps taken to fix the missed date; the law does not apply to someone who was in jail or custody at the time. § 19.2-128 was last amended by 2026 Acts cc. 241, 242. Penalties from Va. Code § 18.2-11 (Class 1 misdemeanor: up to 12 months in jail and/or a $2,500 fine; Class 2: up to six months and/or $1,000; Class 3: fine up to $500; Class 4: fine up to $250) and § 18.2-10 (Class 4 felony: 2 to 10 years and a fine up to $100,000; Class 5 felony: 1 to 10 years, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine; Class 6 felony: 1 to 5 years, or up to 12 months in jail and/or a $2,500 fine). Sources: https://law.lis.virginia.gov/vacode/18.2-10/ and https://law.lis.virginia.gov/vacode/18.2-11/ |
| Probation violation | The court that suspended the sentence decides probation violations, after a hearing, and must issue process to notify the person within set deadlines (generally 90 days after learning of the violation). If the court finds good cause to believe the terms were violated, it may revoke the suspended sentence and impose time, then suspend it again with new probation terms; absconding can extend probation. For a 'technical violation' (such as failing to report as instructed, using drugs, or changing residence without permission, without a new crime), the court may not impose active jail for a first violation, there is a presumption against it for a second (at most 14 days, found by a preponderance of the evidence), and any sentence is possible for a third or later one. A new criminal conviction or other non-technical violation allows the court to impose any or all of the suspended time; revocation orders can be appealed. Technical-violation limits: https://law.lis.virginia.gov/vacode/19.2-306.1/ . First technical violations involving firearms or absconding count as second violations under § 19.2-306.1(C). |
| Obstruction of justice | Knowingly obstructing a judge, juror, prosecutor, witness or police officer in their duties, or using threats or force to try to intimidate them or obstruct the administration of justice, is a Class 1 misdemeanor (up to 12 months and/or $2,500). Using threats of bodily harm or force to intimidate a witness or court officer in a case involving drug distribution, gang crimes or a violent felony is a Class 5 felony. Knowingly making a materially false statement to a police officer investigating someone else's crime is also a Class 1 misdemeanor. The list of underlying offenses in § 18.2-460(C) changes on July 1, 2027. Penalties from Va. Code § 18.2-11 (Class 1 misdemeanor: up to 12 months in jail and/or a $2,500 fine; Class 2: up to six months and/or $1,000; Class 3: fine up to $500; Class 4: fine up to $250) and § 18.2-10 (Class 4 felony: 2 to 10 years and a fine up to $100,000; Class 5 felony: 1 to 10 years, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine; Class 6 felony: 1 to 5 years, or up to 12 months in jail and/or a $2,500 fine). Sources: https://law.lis.virginia.gov/vacode/18.2-10/ and https://law.lis.virginia.gov/vacode/18.2-11/ |
| Perjury (lying under oath) | Perjury, willfully swearing falsely under oath about a material matter (including in a written statement made under penalty of perjury), is a Class 5 felony: 1 to 10 years in prison, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine. A person convicted of perjury is permanently barred from holding public office and from serving on a jury. Penalties from Va. Code § 18.2-11 (Class 1 misdemeanor: up to 12 months in jail and/or a $2,500 fine; Class 2: up to six months and/or $1,000; Class 3: fine up to $500; Class 4: fine up to $250) and § 18.2-10 (Class 4 felony: 2 to 10 years and a fine up to $100,000; Class 5 felony: 1 to 10 years, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine; Class 6 felony: 1 to 5 years, or up to 12 months in jail and/or a $2,500 fine). Sources: https://law.lis.virginia.gov/vacode/18.2-10/ and https://law.lis.virginia.gov/vacode/18.2-11/ Source: Va. Code §§ 18.2-434; 18.2-10(e) |
Public conduct crimes
| Public intoxication | Being intoxicated in public, from alcohol or any drug, is a crime in Virginia: a Class 4 misdemeanor, punishable by a fine of up to $250 (no jail). Where a court-approved detoxification center exists, police may take the person there instead of arresting them, but no one may be held there involuntarily. Penalties from Va. Code § 18.2-11 (Class 1 misdemeanor: up to 12 months in jail and/or a $2,500 fine; Class 2: up to six months and/or $1,000; Class 3: fine up to $500; Class 4: fine up to $250) and § 18.2-10 (Class 4 felony: 2 to 10 years and a fine up to $100,000; Class 5 felony: 1 to 10 years, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine; Class 6 felony: 1 to 5 years, or up to 12 months in jail and/or a $2,500 fine). Sources: https://law.lis.virginia.gov/vacode/18.2-10/ and https://law.lis.virginia.gov/vacode/18.2-11/ Source: Va. Code §§ 18.2-388; 18.2-11(d) |
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| Disorderly conduct | Disorderly conduct means, with intent to cause public inconvenience, annoyance or alarm (or recklessly risking it), engaging in conduct in a public place that has a direct tendency to provoke violence by the person it is aimed at, or willfully (or while intoxicated) disrupting a funeral, a government, school or religious meeting, or a school operation or activity. Words or displays alone are not covered. It is a Class 1 misdemeanor (up to 12 months in jail and/or a $2,500 fine); the statute does not apply to K-12 students for conduct on school property or at school activities. Penalties from Va. Code § 18.2-11 (Class 1 misdemeanor: up to 12 months in jail and/or a $2,500 fine; Class 2: up to six months and/or $1,000; Class 3: fine up to $500; Class 4: fine up to $250) and § 18.2-10 (Class 4 felony: 2 to 10 years and a fine up to $100,000; Class 5 felony: 1 to 10 years, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine; Class 6 felony: 1 to 5 years, or up to 12 months in jail and/or a $2,500 fine). Sources: https://law.lis.virginia.gov/vacode/18.2-10/ and https://law.lis.virginia.gov/vacode/18.2-11/ |
| Indecent exposure | Indecent exposure, intentionally making an obscene display or exposure of oneself or one's private parts in a public place or where others are present (or getting someone else to do so), is a Class 1 misdemeanor: up to 12 months in jail and/or a $2,500 fine. Breastfeeding in public is expressly not a violation. Penalties from Va. Code § 18.2-11 (Class 1 misdemeanor: up to 12 months in jail and/or a $2,500 fine; Class 2: up to six months and/or $1,000; Class 3: fine up to $500; Class 4: fine up to $250) and § 18.2-10 (Class 4 felony: 2 to 10 years and a fine up to $100,000; Class 5 felony: 1 to 10 years, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine; Class 6 felony: 1 to 5 years, or up to 12 months in jail and/or a $2,500 fine). Sources: https://law.lis.virginia.gov/vacode/18.2-10/ and https://law.lis.virginia.gov/vacode/18.2-11/ Source: Va. Code §§ 18.2-387; 18.2-11(a) |
| Prostitution and solicitation | Prostitution, performing or offering (and then taking a substantial step toward) listed sexual acts for money, is a Class 1 misdemeanor (up to 12 months in jail and/or a $2,500 fine). Buying sex, called solicitation of prostitution, is also a Class 1 misdemeanor, but soliciting a minor is a felony: Class 6 if the minor is 16 or older, Class 5 if younger than 16. Solicitation: https://law.lis.virginia.gov/vacode/18.2-346.01/ . Penalties from Va. Code § 18.2-11 (Class 1 misdemeanor: up to 12 months in jail and/or a $2,500 fine; Class 2: up to six months and/or $1,000; Class 3: fine up to $500; Class 4: fine up to $250) and § 18.2-10 (Class 4 felony: 2 to 10 years and a fine up to $100,000; Class 5 felony: 1 to 10 years, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine; Class 6 felony: 1 to 5 years, or up to 12 months in jail and/or a $2,500 fine). Sources: https://law.lis.virginia.gov/vacode/18.2-10/ and https://law.lis.virginia.gov/vacode/18.2-11/ |
| Gambling | Virginia's gambling crimes do not apply to the state lottery, sports betting that is lawful under the state's sports betting law, licensed casino gaming, pari-mutuel horse racing, or permitted charitable bingo, raffles and Texas Hold'em tournaments. Illegal gambling is a Class 3 misdemeanor (fine up to $500), and illegal betting on horse races outside licensed venues is a Class 1 misdemeanor. Operating an illegal gambling operation is a Class 6 felony, or 1 to 10 years and a fine up to $20,000 if it ran more than 30 days or took in $2,000 or more in a day. The Virginia Lottery regulates the state's casinos and sports betting. Penalties: https://law.lis.virginia.gov/vacode/18.2-326/ and https://law.lis.virginia.gov/vacode/18.2-328/ . Regulator: https://www.valottery.com/aboutus/casinosandsportsbetting . Penalties from Va. Code § 18.2-11 (Class 1 misdemeanor: up to 12 months in jail and/or a $2,500 fine; Class 2: up to six months and/or $1,000; Class 3: fine up to $500; Class 4: fine up to $250) and § 18.2-10 (Class 4 felony: 2 to 10 years and a fine up to $100,000; Class 5 felony: 1 to 10 years, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine; Class 6 felony: 1 to 5 years, or up to 12 months in jail and/or a $2,500 fine). Sources: https://law.lis.virginia.gov/vacode/18.2-10/ and https://law.lis.virginia.gov/vacode/18.2-11/ |
Fraud, embezzlement and blackmail
| Embezzlement | Embezzlement, wrongfully using or keeping money or property received for an employer, principal or another person, or entrusted to you through your job, office or a court, is treated as larceny and punished the same way. Embezzling $1,000 or more is grand larceny: 1 to 20 years in prison, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine. Under $1,000 is petit larceny, a Class 1 misdemeanor. Penalties from Va. Code § 18.2-11 (Class 1 misdemeanor: up to 12 months in jail and/or a $2,500 fine; Class 2: up to six months and/or $1,000; Class 3: fine up to $500; Class 4: fine up to $250) and § 18.2-10 (Class 4 felony: 2 to 10 years and a fine up to $100,000; Class 5 felony: 1 to 10 years, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine; Class 6 felony: 1 to 5 years, or up to 12 months in jail and/or a $2,500 fine). Sources: https://law.lis.virginia.gov/vacode/18.2-10/ and https://law.lis.virginia.gov/vacode/18.2-11/ |
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| Fraud and identity theft | Identity theft, using or obtaining someone's identifying information (such as name, Social Security number, account or card numbers, PINs or passwords) without permission with intent to defraud, is a Class 1 misdemeanor. It becomes a Class 6 felony if it causes a financial loss of $1,000 or more or it is a second or later conviction, and stealing information to sell it is a Class 5 felony for five or more victims and a Class 4 felony for 50 or more. Credit card or gift card fraud is a Class 1 misdemeanor under $1,000 in any six-month period and a Class 6 felony at $1,000 or more; restitution is ordered for identity theft victims. Credit card fraud: https://law.lis.virginia.gov/vacode/18.2-195/ . Penalties from Va. Code § 18.2-11 (Class 1 misdemeanor: up to 12 months in jail and/or a $2,500 fine; Class 2: up to six months and/or $1,000; Class 3: fine up to $500; Class 4: fine up to $250) and § 18.2-10 (Class 4 felony: 2 to 10 years and a fine up to $100,000; Class 5 felony: 1 to 10 years, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine; Class 6 felony: 1 to 5 years, or up to 12 months in jail and/or a $2,500 fine). Sources: https://law.lis.virginia.gov/vacode/18.2-10/ and https://law.lis.virginia.gov/vacode/18.2-11/ |
| Forgery | Forging a writing to the prejudice of another's rights, or knowingly passing (uttering) a forged writing, is a Class 5 felony (1 to 10 years, or up to 12 months in jail and/or a $2,500 fine); forging public records or official certificates is a Class 4 felony (2 to 10 years). Writing a bad check with intent to defraud, knowing there are insufficient funds, is larceny: a Class 1 misdemeanor if the check is under $1,000 and a Class 6 felony if it is $1,000 or more. Public records: https://law.lis.virginia.gov/vacode/18.2-168/ ; bad checks: https://law.lis.virginia.gov/vacode/18.2-181/ . Penalties from Va. Code § 18.2-11 (Class 1 misdemeanor: up to 12 months in jail and/or a $2,500 fine; Class 2: up to six months and/or $1,000; Class 3: fine up to $500; Class 4: fine up to $250) and § 18.2-10 (Class 4 felony: 2 to 10 years and a fine up to $100,000; Class 5 felony: 1 to 10 years, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine; Class 6 felony: 1 to 5 years, or up to 12 months in jail and/or a $2,500 fine). Sources: https://law.lis.virginia.gov/vacode/18.2-10/ and https://law.lis.virginia.gov/vacode/18.2-11/ |
| Blackmail (extortion) | Extortion (blackmail) is getting money, property or a financial benefit by threatening injury to someone's character, person or property, accusing them of a crime, threatening to report them as being in the country illegally, or withholding their passport, immigration document or other government ID. It is a Class 5 felony: 1 to 10 years in prison, or up to 12 months in jail and/or a $2,500 fine. Threatening to release someone's identifying information (such as Social Security or account numbers) counts as a threat to property. Penalties from Va. Code § 18.2-11 (Class 1 misdemeanor: up to 12 months in jail and/or a $2,500 fine; Class 2: up to six months and/or $1,000; Class 3: fine up to $500; Class 4: fine up to $250) and § 18.2-10 (Class 4 felony: 2 to 10 years and a fine up to $100,000; Class 5 felony: 1 to 10 years, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine; Class 6 felony: 1 to 5 years, or up to 12 months in jail and/or a $2,500 fine). Sources: https://law.lis.virginia.gov/vacode/18.2-10/ and https://law.lis.virginia.gov/vacode/18.2-11/ Source: Va. Code §§ 18.2-59; 18.2-10(e) |
Murder, manslaughter and other serious crimes
| Murder (first vs second degree) | Virginia has aggravated murder, first-degree murder and second-degree murder. Aggravated murder (a willful, deliberate and premeditated killing with a listed factor, such as murder for hire, during a robbery or rape, of a police officer, or of more than one person) is a Class 1 felony: life in prison and a fine up to $100,000. First-degree murder (killing by poison, lying in wait, imprisonment or starving, any willful, deliberate and premeditated killing, or a killing during arson, rape, robbery, burglary or abduction) is a Class 2 felony: 20 years to life and up to $100,000. All other murder, including an accidental killing during another felony, is second-degree murder: 5 to 40 years. Aggravated murder: https://law.lis.virginia.gov/vacode/18.2-31/ |
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| Manslaughter (voluntary, involuntary, vehicular) | Voluntary manslaughter and involuntary manslaughter are each a Class 5 felony: 1 to 10 years, or up to 12 months in jail and/or a $2,500 fine at the jury's or court's discretion. Unintentionally causing a death while driving under the influence is involuntary manslaughter; if the conduct was so gross, wanton and culpable as to show reckless disregard for human life, it is aggravated involuntary manslaughter, punished by 1 to 20 years with a one-year mandatory minimum. A DUI manslaughter conviction also revokes the driver's license. Voluntary: https://law.lis.virginia.gov/vacode/18.2-35/ ; involuntary: https://law.lis.virginia.gov/vacode/18.2-36/ |
| Child endangerment | A parent, guardian or other caretaker of a child under 18 who by a willful act or omission causes or permits serious injury to the child is guilty of a Class 4 felony (2 to 10 years). A caretaker whose willful act or omission is so gross, wanton and culpable as to show reckless disregard for human life is guilty of a Class 6 felony (1 to 5 years), even without injury. An adult who willfully contributes to, encourages or causes a child to become delinquent, in need of services or supervision, or abused or neglected (or to join a criminal street gang) is guilty of a Class 1 misdemeanor (up to 12 months and $2,500). Contributing: https://law.lis.virginia.gov/vacode/18.2-371/ |
| Arson | Maliciously burning or blowing up an occupied dwelling (or an occupied hotel, hospital, jail, church or similar building) is a felony punished by 5 years to life; if unoccupied it is a Class 4 felony (2 to 10 years). Burning a meeting house, school, courthouse, store or similar building is a Class 3 or Class 4 felony. Burning any other building, bridge or structure (including for insurance fraud) is a Class 3 felony (5 to 20 years) if someone is in it, otherwise a Class 4 felony if worth $1,000 or more, or a Class 1 misdemeanor if worth less. Burning personal property or crops worth $1,000 or more is a Class 4 felony, and less is a Class 1 misdemeanor. Other buildings: https://law.lis.virginia.gov/vacode/18.2-80/ ; personal property: https://law.lis.virginia.gov/vacode/18.2-81/ |
| Human trafficking | Commercial sex trafficking (recruiting or causing a person to engage in prostitution in order to profit from it) is a Class 5 felony (1 to 10 years); using force, intimidation or deception makes it a Class 4 felony (2 to 10 years), and an adult trafficking someone under 18 commits a Class 3 felony (5 to 20 years); each violation is a separate felony. Labor trafficking is treated as 'abduction': obtaining a person's labor or services, or taking or holding a person to subject them to forced labor, by force, intimidation (including taking passports or threatening deportation) or deception is a Class 5 felony, or a Class 2 felony (20 years to life) if the victim is a minor. Forced labor: https://law.lis.virginia.gov/vacode/18.2-47/ |
| Money laundering | Virginia does not grade money laundering by amount. Knowingly conducting a financial transaction with proceeds of any felony is punished by up to 40 years in prison and/or a fine up to $500,000. Converting cash into negotiable instruments or electronic funds for pay, knowing it is felony proceeds, is a Class 1 misdemeanor, and a Class 6 felony for a repeat. |
Online crimes and teens
| Revenge porn (sharing intimate images) | Yes. Maliciously disseminating or selling a nude or partly nude image of another person (including a realistic altered or AI-created image of a real person), with intent to coerce, harass or intimidate and knowing it is not authorized, is a Class 1 misdemeanor (up to 12 months and $2,500). A victim may sue for compensatory and punitive damages plus attorney's fees, whether or not the person was charged. Civil action: https://law.lis.virginia.gov/vacode/8.01-40.4/ |
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| Cyberbullying | Harassment by computer (using a computer or network, with intent to coerce, intimidate or harass, to send obscene or indecent language, make an obscene proposal, or threaten an illegal or immoral act) is a Class 1 misdemeanor (up to 12 months and $2,500). |
| Underage drinking and fake IDs | A person under 21 who buys, possesses or drinks, or tries to buy, possess or drink, alcohol, or who uses a fake, altered or borrowed ID to do so, is guilty of a Class 1 misdemeanor. On conviction the court must order a mandatory minimum $500 fine or 50 hours of community service, and an adult's (18 to 20) driver license is suspended for 6 months to 1 year (a restricted license may be allowed); juveniles are handled under juvenile-court rules. A first-time adult offender may receive deferred disposition with an education or treatment program, leading to dismissal. |
| Animal cruelty | Cruelty to animals (overdriving, ill-treating, abandoning, torturing, cruelly beating or killing an animal, or denying it necessary food, water, shelter or emergency veterinary care) is a Class 1 misdemeanor (up to 12 months and $2,500); it is a Class 6 felony (1 to 5 years) for a repeat torture-type offense or when the current or a prior violation caused an animal's death. Torturing or cruelly injuring a companion dog or cat that causes serious injury or death is a Class 6 felony. After a felony conviction the court may ban owning or possessing companion animals or horses for life (up to five years after a misdemeanor), and violating the ban is a Class 1 misdemeanor. |
Everyday laws: driving, drinking, knives and fireworks
| Driving on a suspended license | Driving while your license or privilege is suspended or revoked is a Class 1 misdemeanor (up to 12 months and $2,500). The court must suspend the license again for the same period as the original suspension (or up to 90 more days if the original had no fixed end), and a vehicle impounded for a DUI-related suspension may be held up to 90 more days. With no violation in the past 10 years, the court may dismiss the charge if the driver proves compliance (except commercial drivers). |
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| Driving without a license | Driving without ever having obtained a valid license is a Class 2 misdemeanor (up to 6 months and $1,000) for a first offense and a Class 1 misdemeanor (up to 12 months and $2,500) for a repeat; the court may also suspend driving privileges for up to 90 days, and may dismiss the charge if the person gets a license before court. A licensed driver who fails to carry the license commits a traffic infraction with a $10 fine, which is cleared by showing a valid license to the court. Failure to carry: https://law.lis.virginia.gov/vacode/46.2-104/ |
| Open container in a car | It is illegal for a driver to drink alcohol while driving on a public highway. An open container in the passenger area (including an unlocked glove compartment) with some alcohol removed, plus signs the driver has been drinking, creates a presumption that the driver drank. Trunks, the area behind the last upright seat, motor-home living quarters, and buses, taxis and limousines for hire are excluded. A violation is a Class 4 misdemeanor (fine up to $250). The statute applies to drivers; it does not make passenger possession an offense. |
| Jaywalking | Pedestrians must cross, wherever possible, only at intersections or marked crosswalks and may not carelessly or maliciously interfere with traffic, but crossing at an unmarked intersection or between intersections by the most direct route is not negligence as a matter of law. Pedestrians may not step out between intersections from behind an obstruction where drivers cannot see them. Since 2020, police may not stop a pedestrian for these violations, and evidence from such a stop is inadmissible. Violations are traffic infractions with a fine up to $250 (the Class 4 misdemeanor amount). Penalty: https://law.lis.virginia.gov/vacode/46.2-113/ |
| Knife laws | Carrying hidden on your person a dirk, bowie knife, stiletto, ballistic knife, machete, razor or similar weapon is a Class 1 misdemeanor; a second violation is a Class 6 felony and a third a Class 5 felony (exceptions include your own home or place of business). Selling, giving or possessing for sale a ballistic knife is a Class 4 misdemeanor. On school grounds, school buses and child day centers, possessing any knife other than a folding pocket knife with a metal blade under three inches is a Class 1 misdemeanor, with exceptions for food-preparation knives, trade tools and school programs. Schools: https://law.lis.virginia.gov/vacode/18.2-308.1/ ; ballistic knives: https://law.lis.virginia.gov/vacode/18.2-311/ |
| Fireworks | Only 'permissible fireworks' are allowed for consumer use: non-exploding sparklers and fountains (sparks no farther than 16.4 feet), wheels, and crackling or strobe devices that do not explode, fly, shoot projectiles or reload. The Statewide Fire Prevention Code must bar transporting, selling, buying or setting off any other fireworks except for permitted displays run by state-certified operators, and localities may adopt stricter rules. Violating the Fire Prevention Code is a Class 1 misdemeanor (up to 12 months and $2,500). Definitions: https://law.lis.virginia.gov/vacode/27-95/ ; penalty: https://law.lis.virginia.gov/vacode/27-100/ . Local fireworks ordinance authority (Va. |
Kidnapping, threats and sex crimes
| Kidnapping | Virginia treats 'abduction' and 'kidnapping' as the same crime: by force, intimidation or deception, and without legal justification, seizing, taking, moving, detaining or hiding a person to deprive them of their liberty or to keep them from someone lawfully entitled to their custody, or to force them into labor. Abduction is generally a Class 5 felony (1 to 10 years, or up to 12 months in jail and/or $2,500), and abduction of a minor is a Class 2 felony (20 years to life and up to $100,000). Abduction to extort money, to sexually abuse ('defile') the victim, for prostitution, or to produce child pornography is also a Class 2 felony. A parent or household member with custody or visitation rights who abducts the child in violation of a court order commits a Class 1 misdemeanor, or a Class 6 felony if the child is taken out of Virginia. Abduction for extortion: https://law.lis.virginia.gov/vacode/18.2-48/ . Code §§ 18.2-10, 18.2-11). |
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| Criminal threats (terroristic threats) | Knowingly communicating in writing (including email, text or social media) a threat to kill or injure someone that puts them or a family member in reasonable fear is a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or $2,500), or a Class 5 felony if meant as an act of terrorism. Threatening, orally or in writing, to kill or to fire a gun at a school, school event or school bus is also a Class 6 felony. A written threat to kill or seriously injure meant to intimidate the public, influence government, or force an evacuation is a Class 5 felony for an adult (Class 1 misdemeanor under 18). Oral threats to kill or injure school employees at school or health care providers at work are Class 1 misdemeanors (up to 12 months and/or $2,500). Code §§ 18.2-10, 18.2-11). |
| Sexual assault and rape | Rape (sexual intercourse, including with a spouse, by force, threat or intimidation, or through the victim's mental incapacity or physical helplessness) is punishable by 5 years to life in prison. Forcible sodomy and object sexual penetration carry the same range. Aggravated sexual battery (sexual abuse by force with a victim 13 or 14, serious injury or a weapon, or of an incapacitated or helpless victim, among other listed cases) carries 1 to 20 years and a fine of up to $100,000. Sexual battery (sexual abuse by force, threat, intimidation or ruse, repeated non-consensual touching, or abuse by jail, probation or police staff of people in their custody) is a Class 1 misdemeanor (up to 12 months and/or $2,500). For age-based offenses see the age-of-consent page. In a spousal case the court may, in some circumstances, defer or suspend the sentence on completion of counseling (§ 18.2-61(B), (C)). Class penalties: Va. |
| Child molestation (child sexual abuse) | Rape of a child under 13 carries 5 years to life, and mandatory life in prison when the indictment alleges the offender was 18 or older; if the sentence is less than life (for an offender more than 3 years older), the judge must add a suspended sentence of at least 40 years. Forcible sodomy and object sexual penetration also carry 5 years to life. Sexual abuse of a child under 13, or by a parent, step-parent or grandparent of a child 13 to 17, is aggravated sexual battery (1 to 20 years and up to $100,000). Taking indecent liberties with a child under 15 by someone 18 or older (such as exposure or proposing sexual acts) is a Class 5 felony (1 to 10 years), Class 4 (2 to 10 years) for a repeat offense; indecent liberties by a parent, step-parent or grandparent is a Class 5 felony if the child is 15 to 17 and a Class 4 felony if under 15. Aggravated sexual battery: https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-67.3/ ; indecent liberties: https://law.lis.virginia.gov/vacode/title18.2/chapter8/section18.2-370/ . Class penalties: Va. |
| Child pornography (child sexual abuse material) | Knowingly possessing child pornography (sexually explicit visual material showing an identifiable minor, or obscene material depicting a minor) is a Class 6 felony (1 to 5 years), and a Class 5 felony (1 to 10 years) for a second offense. Distributing, selling, sharing, transmitting or possessing it with intent to distribute carries 5 to 20 years, with a 5-year mandatory minimum for a repeat offense. Producing it, or enticing a minor to take part, carries 5 to 30 years if the child is under 15 (5-year mandatory minimum if the offender is at least 7 years older, 15 to 40 years with a 15-year minimum for a repeat) and 1 to 20 years if the child is 15 to 17 (3 to 30 years with a 3-year minimum if the offender is at least 7 years older). Production: https://law.lis.virginia.gov/vacode/title18.2/chapter8/section18.2-374.1/ . Operating a website to facilitate paid access is a Class 4 felony (§ 18.2-374.1:1(D)). Class penalties: Va. |
| Online solicitation of a minor | Yes. An adult who uses the internet, phone or any other communication system to solicit, with lascivious intent, a child they know or believe is under 15 for sexual acts or exposure, or to meet for those purposes, commits a Class 5 felony (1 to 10 years); if the adult is at least 7 years older, the penalty is 5 to 30 years with a 5-year mandatory minimum (10 to 40 years with a 10-year minimum for a repeat offense). Soliciting a child 15 to 17 by someone at least 7 years older is a Class 5 felony. Using a communication system to solicit any minor for child pornography or certain sex acts is also a Class 5 felony. An adult who uses electronic means, with lascivious intent, to expose themselves to a child 15 or older commits a Class 1 misdemeanor (§ 18.2-374.3(D1)). Class penalties: Va. Source: Va. Code § 18.2-374.3; § 18.2-10 |
| Sex offender registration | People convicted of listed offenses register with the Virginia State Police's Sex Offender and Crimes Against Minors Registry, sorted into Tier I, II and III. Tier I and II registrants verify once a year, and Tier III and murder registrants every three months. Tier III offenders, people convicted of murder, and people with two or more registrable convictions must register for life; others stay on the registry until a court removes them, and may petition no sooner than 15 years (Tier I) or 25 years (Tier II) after registering or their last felony or failure-to-register conviction. Knowingly failing to register or giving false information is a Class 1 misdemeanor (Class 6 felony for a repeat) for Tier I and II, and a Class 6 felony (Class 5 for a repeat) for Tier III and murder registrants. Verification: https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-904/ ; removal: https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-910/ ; penalty: https://law.lis.virginia.gov/vacode/title18.2/chapter10/section18.2-472.1/ . Class penalties: Va. |
Car theft, stolen property and drugs
| Car theft and joyriding | Stealing a car is larceny: grand larceny if the vehicle is worth $1,000 or more (1 to 20 years in prison, or up to 12 months in jail and/or a $2,500 fine), petit larceny (a Class 1 misdemeanor) if less. Taking, driving or using someone else's vehicle, boat or aircraft without consent, intending only to deprive the owner temporarily (joyriding, called unauthorized use), is a Class 6 felony (1 to 5 years), or a Class 1 misdemeanor if the vehicle is worth less than $1,000. Accomplices face the same punishment. Larceny grades: grand larceny (§ 18.2-95, $1,000 or more: 1 to 20 years, or up to 12 months in jail and/or a $2,500 fine) and petit larceny (§ 18.2-96, under $1,000: Class 1 misdemeanor). Code §§ 18.2-10, 18.2-11). |
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| Receiving stolen property | Buying or receiving stolen goods from another person, or helping hide them, knowing they were stolen, is treated as larceny of those goods, so it is graded by value: grand larceny at $1,000 or more (1 to 20 years, or up to 12 months in jail and/or a $2,500 fine) and petit larceny, a Class 1 misdemeanor, under $1,000. The receiver can be prosecuted even if the thief is not convicted, and buying goods used in a police sting while believing them stolen is also larceny. Applying the larceny value tiers follows from 'deemed guilty of larceny thereof'. Larceny grades: grand larceny (§ 18.2-95, $1,000 or more: 1 to 20 years, or up to 12 months in jail and/or a $2,500 fine) and petit larceny (§ 18.2-96, under $1,000: Class 1 misdemeanor). Code §§ 18.2-10, 18.2-11). |
| Organized retail theft | Organized retail theft is conspiring or acting with another person to steal retail property from one or more stores, worth more than $5,000 aggregated over a 90-day period, intending to sell it, and placing it with a 'fence' or another person, while either receiving or possessing stolen retail goods or acting with two or more others as an organizer, supervisor, financier, leader or manager of the scheme. It is a Class 3 felony (5 to 20 years and up to $100,000). Thefts from stores in different counties or cities can be combined into one charge. Enacted 2023, cc. 357, 358. Code §§ 18.2-10, 18.2-11). Source: Va. Code § 18.2-103.1; § 18.2-10 |
| Drug trafficking and intent to distribute | Manufacturing, selling, giving, distributing, or possessing with intent to distribute a Schedule I or II drug carries 5 to 40 years and up to a $500,000 fine; a second conviction can bring life with a 3-year mandatory minimum, with longer minimums for later convictions. Schedule III drugs are a Class 5 felony, Schedule IV a Class 6 felony, and Schedule V or VI a Class 1 misdemeanor; sharing only as an 'accommodation' without profit lowers the grade. Large quantities (such as 1 kilogram of heroin, 5 kilograms of cocaine, 100 kilograms of marijuana, or 100 grams of methamphetamine) carry 20 years to life with a 20-year mandatory minimum (with a limited safety-valve exception), and leaders of large drug enterprises face further mandatory terms. Code §§ 18.2-10, 18.2-11). |
| Prescription drug fraud | Obtaining or trying to obtain any drug, or having a controlled substance administered, by fraud, deceit, misrepresentation, embezzlement or subterfuge, by forging or altering a prescription, by hiding a material fact, or by giving a false name or address is a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or $2,500). Making or passing a forged prescription and posing as a doctor or pharmacist to get drugs are covered too. A first offender may be placed on probation and, after completing it, be found guilty of a Class 1 misdemeanor instead. The page shows a version effective until July 1, 2027 (read here) and a later version effective July 1, 2027. Code §§ 18.2-10, 18.2-11). Source: Va. Code § 18.2-258.1; § 18.2-10 |
Driving and boating
| Vehicular assault | Driving while intoxicated in a way so gross, wanton and culpable as to show reckless disregard for human life and unintentionally causing someone serious bodily injury (called maiming resulting from driving while intoxicated) is a Class 6 felony (1 to 5 years). If the injury causes permanent and significant physical impairment, it is a Class 4 felony (2 to 10 years and up to $100,000). The driver's license is revoked on conviction. Code §§ 18.2-10, 18.2-11). Source: Va. Code § 18.2-51.4; § 18.2-10 |
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| Street racing | Racing two or more vehicles, or 'exhibition driving' (burnouts, spinning in circles, drag racing a set course, or carrying a passenger on the hood or roof near a group of people), on a highway or on the publicly open lot of a church, school, recreational facility or business without permission is reckless driving, a Class 1 misdemeanor (up to 12 months and/or $2,500). A racing conviction requires a license suspension of six months to two years (or Intelligent Speed Assistance enrollment), and an exhibition-driving conviction up to six months. Causing serious injury to an uninvolved person while racing in a grossly reckless way is a Class 6 felony, and causing a death carries 1 to 20 years, with a 1-to-3-year license suspension; helping or abetting a race is a Class 1 misdemeanor. Injury/death: https://law.lis.virginia.gov/vacode/46.2-865.1/ ; reckless driving grade: https://law.lis.virginia.gov/vacode/46.2-868/ . Code §§ 18.2-10, 18.2-11). |
| Boating under the influence (BUI) | Operating a watercraft or motorboat that is underway with a blood alcohol concentration at or above the limit for drunk driving in Va. Code § 18.2-266, while under the influence of alcohol or drugs to a degree that impairs safe operation, or with listed levels of cocaine, methamphetamine, PCP or MDMA in the blood is a Class 1 misdemeanor (up to 12 months and/or $2,500). Reckless boating is also covered. On conviction the court must order the person not to operate a watercraft or motorboat for 12 months, or three years for a second conviction within 10 years; violating that order is a Class 2 misdemeanor (Class 1 for a repeat). Operating ban: https://law.lis.virginia.gov/vacode/29.1-738.4/ . The numeric limit is set by cross-reference to § 18.2-266, which was not read here. Code §§ 18.2-10, 18.2-11). |
Fraud, bribery and tax crimes
| Insurance fraud | Virginia defines insurance fraud as committing or attempting the crime of obtaining money or property by false pretense (Va. Code § 18.2-178) in connection with insurance. Obtaining money by a false pretense with intent to defraud is treated as larceny, so it is graded by value: grand larceny at $1,000 or more (1 to 20 years, or up to 12 months in jail and/or a $2,500 fine) and petit larceny, a Class 1 misdemeanor, under $1,000. Insurers and insurance professionals must report suspected fraud, and insurance applications and claim forms must carry a fraud warning. Definition: https://law.lis.virginia.gov/vacode/52-36/ ; duties: https://law.lis.virginia.gov/vacode/52-40/ . Applying the larceny tiers follows from 'deemed guilty of larceny thereof'. Code §§ 18.2-10, 18.2-11). |
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| Welfare and unemployment fraud | Getting or trying to get public assistance or other designated benefits (including Medicaid-administered programs) through a willful false statement, impersonation or other fraud is larceny, as is knowingly trafficking in or misusing SNAP benefits, EBT cards or energy assistance; it is graded by value as grand larceny ($1,000 or more: 1 to 20 years, or up to 12 months in jail and/or $2,500) or petit larceny (a Class 1 misdemeanor). Knowingly making a false statement or hiding a material fact to get or increase unemployment benefits is a Class 1 misdemeanor for each false statement. SNAP/EBT: https://law.lis.virginia.gov/vacode/63.2-523/ ; unemployment: https://law.lis.virginia.gov/vacode/60.2-632/ . Applying the larceny tiers follows from 'guilty of larceny'. Code §§ 18.2-10, 18.2-11). |
| Bribery | Corruptly giving, offering or promising a gift to an executive, legislative or judicial officer, sheriff, police officer or candidate to influence their official action is a Class 4 felony (2 to 10 years and up to $100,000), and the gift is forfeited. An officer or candidate who accepts such a gift commits a Class 4 felony, forfeits the office, and is barred forever from holding public office in Virginia. Commercial bribery (secretly giving an employee or agent a gift to influence their work against their employer, or an employee taking one or a kickback) is a Class 3 misdemeanor (fine up to $500). Acceptance: https://law.lis.virginia.gov/vacode/18.2-439/ ; commercial: https://law.lis.virginia.gov/vacode/18.2-444/ . Code §§ 18.2-10, 18.2-11). |
| State tax evasion | Willfully failing or refusing to file a required Virginia income tax return is a Class 1 misdemeanor (up to 12 months and/or $2,500), and making a false statement on a return with intent to defraud the Commonwealth is a Class 6 felony (1 to 5 years); prosecution must begin within five years. A business officer or other person required to collect sales, use or withholding tax who willfully fails to collect or pay it over, or willfully evades it, commits a Class 1 misdemeanor. Sales/withholding: https://law.lis.virginia.gov/vacode/58.1-1815/ . Code §§ 18.2-10, 18.2-11). |
| Computer hacking and cybercrime | Computer trespass (with malicious intent or deception and without authority, deleting or disabling data, causing a malfunction, altering data, making unauthorized copies, installing keystroke loggers or software to take control of someone's computer) is a Class 1 misdemeanor (up to 12 months and/or $2,500), and a Class 6 felony (1 to 5 years) if it targets government or utility computers, causes $1,000 or more in damage, or hits more than five computers. Computer fraud (using a computer without authority to obtain property by false pretenses, embezzle or steal) is a Class 1 misdemeanor under $1,000 and a Class 5 felony (1 to 10 years) at $1,000 or more. Computer invasion of privacy and theft of computer services are Class 1 misdemeanors, rising to Class 6 felonies in listed cases. The statutes do not name ransomware. Computer fraud: https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-152.3/ . Class penalties: Va. |
Guns, recording, courts and juveniles
| Felon in possession of a firearm | It is a Class 6 felony (1 to 5 years) for anyone convicted of a felony, anyone adjudicated delinquent at 14 or older for murder, kidnapping, armed robbery or rape, or anyone under 29 adjudicated delinquent at 14 or older for another felony-level act, to possess or transport a firearm or ammunition. There is a 5-year mandatory minimum if the prior conviction was a violent felony and a 2-year mandatory minimum for any other felony within the prior 10 years. A person whose civil rights have been restored by the Governor may petition the circuit court for an order restoring firearm rights; a pardon or restoration by the Governor also lifts the ban unless conditioned. A new subsection A1 makes it a Class 1 misdemeanor, with a 3-year ban, to possess a firearm after a hate-motivated assault committed on or after July 1, 2026. Class penalties: Va. |
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| Recording conversations (one-party consent) | One-party consent. It is not a crime for a person to record a phone, electronic or in-person conversation if that person is a party to it or one of the parties gave prior consent. Otherwise, intentionally intercepting, using or disclosing a wire, electronic or oral communication is a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine). Class penalties: Va. |
| Filing a false police report | Knowingly giving police a false report of a crime with intent to mislead, causing someone else to do so by staging a crime, or summoning police without just cause to interfere with their work (including by triggering an automatic alarm) is a Class 1 misdemeanor (up to 12 months and/or $2,500). It becomes a Class 6 felony (1 to 5 years) if the false report or call targets another person because of race, religious conviction, gender, disability, gender identity, sexual orientation, color or national origin. Virginia's statute does not separately name swatting. Class penalties: Va. |
| Hate crimes | Yes, for listed offenses. Assault or assault and battery against someone chosen because of race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin is a Class 1 misdemeanor with at least 6 months in jail, and a Class 6 felony (1 to 5 years, at least 6 months) if it causes bodily injury. Entering someone's property to damage it or interfere with its use, chosen for the same reasons, is a Class 6 felony with at least 6 months, and a bias-motivated false police report or call is a Class 6 felony. Virginia does not have a general enhancement for all crimes. Class penalties: Va. |
| Parole violation | Virginia abolished parole for felonies committed on or after January 1, 1995, with narrow exceptions (certain older jury-sentenced cases and people who committed their crimes as juveniles and have served 20 years). Instead, courts add a suspended term of 6 months to 3 years with post-release probation, which the court can revoke. For people still on parole, a hearing officer holds a preliminary probable-cause hearing (with appointed counsel available), then the Parole Board holds a hearing and may revoke parole and return the person to prison for the unserved portion of the sentence, or reinstate parole with new conditions. Revocation: https://law.lis.virginia.gov/vacode/title53.1/chapter4/section53.1-165/ ; post-release supervision: https://law.lis.virginia.gov/vacode/title19.2/chapter18/section19.2-295.2/ |
| Violating a restraining order | Violating a family abuse protective order by going to a prohibited place, committing family abuse or a crime, or contacting the protected person is a Class 1 misdemeanor (up to 12 months and/or $2,500), and some jail time must be served. A second violation within 5 years involving violence or a threat carries a 60-day mandatory minimum; a third within 20 years involving violence or a threat is a Class 6 felony with a 6-month mandatory minimum. Violating the order while knowingly armed, assaulting and injuring or stalking a protected person, or secretly entering their home is a Class 6 felony (1 to 5 years). The court also issues a new protective order of up to 2 years. Class penalties: Va. |
| Juveniles tried as adults | For a juvenile 14 or older charged with a felony, the prosecutor may ask the juvenile court to hold a transfer hearing; the judge may transfer the case to circuit (adult) court after finding probable cause, competence, and by a preponderance of the evidence that the juvenile is not a proper person to remain in juvenile court, weighing age, seriousness, record, treatment options and other listed factors. If a juvenile 16 or older is charged with capital, first-degree or second-degree murder, lynching or aggravated malicious wounding, the juvenile court holds only a preliminary hearing and, on probable cause, sends the case to the grand jury. For 16- and 17-year-olds charged with other listed violent felonies (such as rape, robbery, carjacking, abduction or malicious wounding), the prosecutor may give written notice to use the same certification process. There is no direct filing in adult court without a juvenile court hearing. The court may instead apply the full transfer process if evidence shows the offense resulted from the juvenile being a victim of sexual assault or trafficking by the alleged victim (§ 16.1-269.1(B)). Source: Va. Code § 16.1-269.1 |
Death penalty, three strikes and rights after a felony
| Death penalty | Virginia law does not provide a death sentence. The most serious crime, aggravated murder (a willful, deliberate and premeditated killing in listed circumstances, such as killing a law enforcement officer, murder for hire, multiple killings, or killing a child under 14 by an adult 21 or older), is a Class 1 felony punished by life imprisonment and a fine of up to $100,000. An offender who was 18 or older and is sentenced to life for a Class 1 felony is not eligible for parole, good conduct or earned sentence credits, or conditional release; killing a law enforcement officer carries a mandatory minimum of life. Both sections were amended by 2021 Sp. Sess. I, cc. 344, 345 (per the section history). Class 1 punishment: https://law.lis.virginia.gov/vacode/18.2-10/ Source: Va. Code §§ 18.2-10(a), 18.2-31 |
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| Three strikes and habitual offender laws | Virginia's three-strikes law requires life imprisonment, with no part suspended, for a person convicted of a third or later 'act of violence' after two earlier separate convictions for acts of violence, if the person was at liberty between each conviction. Acts of violence include first and second degree murder and voluntary manslaughter, mob-related felonies, kidnapping or abduction felonies, malicious wounding, robbery and carjacking, most felony sexual assaults, and arson of an occupied structure (plus conspiracy and accessory forms). Similar convictions from other states or federal court count. Source: Va. Code § 19.2-297.1(A), (B) |
| Voting with a felony conviction | The Virginia Constitution says no person convicted of a felony may vote unless their civil rights are restored by the Governor or other appropriate authority, but the Department of Elections says that under a recent federal court order, a felony conviction now takes away voting rights only for certain 'common law felonies' from 1870. Virginia has identified three statutes that match these: murder (§ 18.2-32), voluntary manslaughter (§ 18.2-35) and involuntary manslaughter (§ 18.2-36). People with other felony convictions may register once they are no longer physically incarcerated, with no application to the Governor; no one may register or vote while physically incarcerated for a felony, and people convicted of a disqualifying offense still need restoration by the Governor. Constitution: https://law.lis.virginia.gov/constitution/article2/section1/ . A proposed constitutional amendment on the November 2026 ballot ('Question 3', per the Department of Elections) would restore voting rights on release from incarceration; this record describes the rule in effect on 2026-10-28. |
| Restoring rights after a felony | The Constitution of Virginia gives the Governor sole discretion to restore civil rights (voting, serving on a jury, running for office, and becoming a notary public), not including firearm rights; people apply through the Secretary of the Commonwealth. According to the Secretary of the Commonwealth, a person convicted of a non-common-law felony who is not incarcerated may vote without the Governor's restoration but must still apply to restore their other civil rights. Firearm rights are restored separately: a person whose civil rights the Governor has restored may petition the circuit court. |
Is it legal? Delta-8, mushrooms, kratom, CBD and vaping
| Delta-8 and hemp THC products | Virginia caps the THC in any hemp product sold at retail, including delta-8 and other intoxicating hemp cannabinoids, because 'tetrahydrocannabinol' covers any natural or synthetic THC and its isomers: a product may contain no more than 0.3 percent total THC and, since August 15, 2026, no more than two milligrams of total THC per package. Selling smokable or edible hemp products requires a regulated hemp product retail facility registration for each location; products containing THC must be in child-resistant packaging and labeled with THC content and that they may not be sold to anyone under 21, and smokable hemp products may not be sold to anyone under 21. Selling a product over the THC limits or without registration carries a civil penalty of up to $10,000 per day. Definitions: https://law.lis.virginia.gov/vacode/4.1-600/ . Several versions with staggered effective dates exist (2026, c. 1016; 2026 Sp. Sess. I, c. 1); §§ 3.2-4122 to 3.2-4126 are set to be repealed July 1, 2027 when the rules move to Title 4.1, chapter 17. |
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| Magic mushrooms (psilocybin) | Psilocybin and psilocyn are Schedule I hallucinogens in Virginia. Possessing a Schedule I or II controlled substance without a prescription is a Class 5 felony (1 to 10 years, or up to 12 months in jail and/or a $2,500 fine). Schedule I: https://law.lis.virginia.gov/vacode/54.1-3446/ . Class penalties: Va. |
| Kratom | Kratom is legal for adults in Virginia but regulated as a consumer protection matter. It is a prohibited practice to sell kratom to anyone under 21; to sell products without an ingredient list and a required warning label; to store them where customers can reach them (except refrigerated items kept with wine and beer); or to sell products with synthetic or semi-synthetic alkaloids, with 7-hydroxymitragynine above one percent of total alkaloids or more than one milligram per serving, that are adulterated, combustible or meant for vaping or injection, or that are marketed in a way attractive to children. Read the version effective October 1, 2026 until November 1, 2026; later versions contain the same kratom subdivision. |
| CBD | Hemp CBD products are legal in Virginia if, when sold at retail, they contain no more than 0.3 percent total THC and no more than two milligrams of total THC per package (the earlier alternative allowing more THC if CBD was at least 25 times the THC was dropped effective August 15, 2026). Stores selling edible or smokable hemp products, or any product for eating or inhaling advertised as containing a hemp-derived cannabinoid, need a regulated hemp product retail facility registration ($1,000 a year). Products need ingredient and THC labeling (and child-resistant packaging if they contain THC); topical products must say they are not for human consumption. Prior definition (effective until August 15, 2026) read at https://law.lis.virginia.gov/vacodefull/title3.2/chapter41.1/article1/ . |
| Smoking and vaping age | The minimum age to buy tobacco products and smokable hemp products in Virginia is 21. No one may sell to, buy for, or knowingly permit a purchase by someone under 21, and sellers must check photo ID; violations carry a civil penalty of $500 for a first violation and $2,500 for a repeat within three years, plus $100 against an employee who makes the sale. The version of the statute in effect since October 1, 2026 sets penalties for sellers and buyers-for-minors; it does not contain a penalty on minors for possession. Amended by 2026, cc. 1021, 1044 and 2026 Sp. Sess. I, c. 1. The new version defines 'tobacco product' by reference to Va. Code § 58.1-1021.01 (not read), so whether vapes are covered by that definition is not stated here; the prior version expressly covered electronic smoking devices. |
Elder abuse, voyeurism and assaulting an officer
| Elder abuse | Virginia's law protects 'vulnerable adults': anyone 18 or older whose mental or physical impairment (including from age) leaves them unable to make or carry out reasonable decisions or to provide for or protect themselves. A caregiver who abuses or neglects a vulnerable adult commits a Class 1 misdemeanor (up to 12 months and/or $2,500), a Class 6 felony for a repeat offense, a Class 4 felony (2 to 10 years) if it causes serious bodily injury or disease, and a Class 3 felony (5 to 20 years) if it causes death. Using a vulnerable adult's impairment to take their money or property is financial exploitation, punished as larceny. Financial exploitation: https://law.lis.virginia.gov/vacode/18.2-178.1/ . Class penalties: Va. Source: Va. Code §§ 18.2-369, 18.2-178.1 |
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| Voyeurism (peeping tom) | Peeping or spying into someone's home, or using a peephole to secretly view an undressed person in a restroom, dressing room, hotel room, bedroom or similar place, is a Class 1 misdemeanor (up to 12 months and/or $2,500). Secretly making a video or photo of a nonconsenting person who is nude or undressed in such a place, or 'upskirting', is also a Class 1 misdemeanor, but a Class 6 felony (1 to 5 years) if the victim is under 18 or the offender has two or more such convictions in the past 10 years. Image creation: https://law.lis.virginia.gov/vacode/18.2-386.1/ (amended 2026, c. 539). Class penalties: Va. Source: Va. Code §§ 18.2-130, 18.2-386.1 |
| Assaulting a police officer | Simple assault or assault and battery is a Class 1 misdemeanor in Virginia, but assault and battery against a person the offender knows or should know is a law-enforcement officer, judge, magistrate, firefighter, emergency medical services worker or certain correctional staff performing their duties is a Class 6 felony (1 to 5 years) with a mandatory minimum of six months. Class penalties: Va. Source: Va. Code § 18.2-57 |
Criminal Law FAQ
What are the felony classes and maximum sentences in Virginia?
Virginia grades felonies as Classes 1 through 6. Class 1: imprisonment for life and a fine of not more than $100,000 (for a person 18 or older at the time of the offense who is sentenced to life, no parole, good conduct or earned sentence credits, or conditional release). Class 2: imprisonment for life or for any term not less than 20 years, and a fine of not more than $100,000. Class 3: 5 to 20 years, and a fine of not more than $100,000. Class 4: 2 to 10 years, and a fine of not more than $100,000. Class 5: 1 to 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and/or a fine of not more than $2,500. Class 6: 1 to 5 years, or in the discretion of the jury or the court, confinement in jail for not more than 12 months and/or a fine of not more than $2,500. For most felonies the court may or must add a suspended term of six months to three years conditioned on probation.
What are the misdemeanor classes and penalties in Virginia?
Class 1 misdemeanor: confinement in jail for not more than 12 months and/or a fine of not more than $2,500. Class 2: confinement in jail for not more than 6 months and/or a fine of not more than $1,000. Class 3: a fine of not more than $500. Class 4: a fine of not more than $250.
How much do you have to steal for it to be a felony in Virginia?
Grand larceny (a felony) is simple larceny not from the person of another of goods and chattels of the value of $1,000 or more, larceny from the person of another of money or other thing of value of $5 or more, or simple larceny not from the person of any firearm, regardless of the firearm's value. Grand larceny is punishable by 1 to 20 years in a state correctional facility, or in the discretion of the jury or court, jail for not more than 12 months and/or a fine of not more than $2,500. Petit larceny (simple larceny of less than $1,000, or from the person of less than $5) is a Class 1 misdemeanor.
Is Virginia a stand your ground state?
No statute; the rule comes from case law. Virginia recognizes two forms of self-defense. Justifiable self-defense: a person without any fault in provoking or bringing on the difficulty who kills under reasonable apprehension of death or great bodily harm need not retreat, but is permitted to stand his ground and repel the attack by force, including deadly force, if it is necessary. Excusable self-defense: a person who was in some fault in provoking or bringing on the difficulty must, when attacked, retreat as far as possible and announce a desire for peace before killing in self-defense.
Does Virginia have a castle doctrine?
Common-law castle doctrine (no statute). It has two principles: (1) persons within the home or its curtilage have no duty to retreat and may exercise all needful force, including deadly force, to keep aggressors out, but deadly force is permissible only if the intruder is trespassing and it is necessary to prevent a felonious destruction of property or the commission of a felony in the home; the doctrine does not apply to someone peaceably present under an implied license; (2) a person attacked in his own home or its curtilage, if free from fault, has no duty to retreat and may use reasonable force, including deadly force, to eject or subdue the attacker. For a mere trespass upon land, the owner has no right to assault the trespasser with a deadly weapon.
What is the statute of limitations for crimes in Virginia?
In Virginia, there is no statute of limitations for prosecuting felony crimes (Virginia State Crime Commission). Misdemeanors: prosecution must be commenced within one year next after there was cause therefor, with many exceptions, including petit larceny (5 years), nonfelonious malfeasance in office (2 years), and certain misdemeanors involving a minor victim (1 year after the victim reaches majority, or 5 years if the offender was an adult more than 3 years older than the victim). A prosecution for murder or manslaughter may proceed regardless of the time between the act causing death and the victim's death.
How does bail work in Virginia?
A judicial officer decides bail and, before any bail hearing, must obtain the person's criminal history to the extent feasible. A person held in custody shall be admitted to bail unless there is probable cause to believe that the person will not appear for trial or hearing, or that the person's liberty will constitute an unreasonable danger to himself, family or household members, or the public. The judicial officer considers all relevant information, including the nature and circumstances of the offense, whether a firearm was alleged to have been used, the weight of the evidence, family ties, employment, education or treatment, length of residence and community ties, criminal convictions, court appearance history and failures to appear, likelihood of obstructing justice or threatening witnesses, jurors or victims, pregnancy or recent birth or nursing, bond status on unrelated arrests, and probation or parole status. If bail is granted to a person charged with an act of violence under § 19.2-297.1, the Commonwealth's attorney must be notified.
How do you get a public defender in Virginia?
A person charged with an offense that may be punishable by confinement in a state correctional facility or jail who claims indigency may have counsel appointed. The court determines indigency by oral examination or other competent evidence, reviewing net income, convertible assets and exceptional expenses (a spouse's finances count if living in the household, unless the spouse is the alleged victim). Recipients of a state or federal public assistance program for the indigent are presumed eligible. Counsel must be appointed if available funds are at or below 125 percent of the federal poverty income guidelines for the household size; above that, the court may appoint counsel in exceptional circumstances, stating its reasons in writing. The accused signs a sworn statement of indigence and a written financial statement. Where there is no public defender, counsel is chosen by fair rotation from a list maintained by the Virginia Indigent Defense Commission.
What is the age of consent in Virginia?
No single 'age of consent' section. Carnal knowledge, without force, of a child thirteen years of age or older but under fifteen years of age is a Class 4 felony; a child under 13 cannot be a consenting child. Close-in-age: if the child consents and the accused is a minor, it is a Class 6 felony if the child is three or more years younger than the accused, and a Class 4 misdemeanor if the child is less than three years younger. A person 18 or older who engages in consensual sexual intercourse (or listed acts) with a child 15 or older who is not the person's spouse, child or grandchild is guilty of a Class 1 misdemeanor (contributing to the delinquency of a minor).
Is marijuana legal in Virginia?
Legal for adults 21 or older to possess, on their person or in a public place, not more than two ounces of marijuana or an equivalent amount of marijuana product as determined by regulation. Possessing more than that is a civil penalty of no more than $25. More than four ounces but not more than one pound: Class 3 misdemeanor (Class 2 misdemeanor for a second or subsequent offense). More than one pound: felony punishable by 1 to 10 years and/or a fine of not more than $250,000. The four-ounce and one-pound penalties do not apply to possession in one's residence or to licensees acting within their duties.
Is assault a felony in Virginia?
Virginia uses the common-law crimes of assault and of assault and battery, and the statute sets only the penalty. Simple assault or assault and battery is a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500). It becomes a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine), with a mandatory minimum of six months, when committed against a person the offender knows or should know is a judge, magistrate, law-enforcement officer, firefighter, emergency medical services worker or certain correctional staff doing their duties; it is also a Class 6 felony with at least six months when an assault and battery causing bodily injury targets a victim because of race, religion, gender, disability, sexual orientation, gender identity or national origin. Serious attacks are charged as malicious wounding: maliciously shooting, stabbing, cutting or wounding someone, or otherwise causing bodily injury, with intent to maim, disfigure, disable or kill, is a Class 3 felony (5 to 20 years); doing so unlawfully but without malice is a Class 6 felony.
Is battery a felony in Virginia?
Virginia does not have a stand-alone battery statute; the offense is charged as assault and battery, a common-law crime whose penalty is set in the same section as assault. Simple assault and battery is a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500), and the felony versions are the same as for assault (Class 6 felony against police, firefighters, judges and similar officials, or when a bias-motivated battery causes bodily injury). Assault and battery against a family or household member is a separate offense (see domestic violence).
Is domestic violence a felony in Virginia?
Assault and battery against a family or household member is a separate offense and a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500). It becomes a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine) when the person has two prior convictions for domestic assault and battery, malicious or unlawful wounding, strangulation or similar offenses, committed on different dates within 20 years of each other. When a warrant is issued, the magistrate must issue an emergency protective order (unless the defendant is a minor). Strangulation or suffocation (applying pressure to the neck or blocking the airway without consent, impeding breathing or blood circulation and causing wounding or bodily injury) is a Class 6 felony regardless of relationship.
What is the penalty for shoplifting in Virginia?
Shoplifting is called concealment of merchandise in Virginia: willfully concealing or taking possession of a store's goods, altering a price tag, or moving goods to another container, intending to avoid paying full price. Concealing goods while still in the store is prima facie evidence of intent. If the goods are worth less than $1,000 it is petit larceny, a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500); $1,000 or more is grand larceny. Virginia's former rule making a third larceny offense a felony (§ 18.2-104) was repealed effective July 1, 2021. Under the civil statute, a merchant may recover two times the unpaid retail value of the merchandise (but at least $50), or liquidated damages of no more than $350 if the goods were recovered in sellable condition, plus reasonable attorney's fees and costs not exceeding $150 combined.
What is the difference between burglary and robbery in Virginia?
Burglary is breaking and entering someone's dwelling at night with intent to commit a felony or larceny; it is a Class 3 felony (5 to 20 years), or a Class 2 felony (life or 20 years or more) if the person was armed with a deadly weapon when entering. Statutory burglary covers other entries (daytime break-ins, entering and hiding, or entering other buildings, ships, railroad cars or dwelling vehicles): entering with intent to commit murder, rape, robbery or arson is a Class 3 felony, and entering with intent to commit larceny, assault and battery or another felony is punishable by 1 to 20 years in prison or, at the jury's or judge's discretion, up to 12 months in jail and/or a $2,500 fine; either becomes a Class 2 felony if the person was armed with a deadly weapon. Robbery (taking property from a person by force or threat) is graded by how it is done: Class 6 felony by threat or intimidation without a deadly weapon (1 to 5 years); Class 5 felony with physical force not causing serious injury, or with a non-firearm deadly weapon (1 to 10 years); Class 3 felony when a firearm is used or displayed (5 to 20 years); Class 2 felony when it causes serious bodily injury or death.
Is vandalism a felony in Virginia?
Vandalism is called destruction of property in Virginia. Intentionally destroying, defacing or damaging someone else's property is a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500) if the damage is less than $1,000, and a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine) if it is $1,000 or more; the amount can be proved by the fair market cost of repair or replacement value. Unlawful damage done without that intent is a Class 3 misdemeanor (fine up to $500). The court may order restitution.
Is trespassing a crime in Virginia?
Criminal trespass is entering or staying on another person's land, building or premises without legal authority after being told not to, either orally or in writing by the owner or person in charge, by signs posted where they can reasonably be seen, or by a court protective order that the person was served with. It is a Class 1 misdemeanor, punishable by up to 12 months in jail and/or a fine up to $2,500. The trespass statute does not set separate grades for land, buildings or dwellings.
What are the penalties for drug possession in Virginia?
Possessing a Schedule I or II controlled substance (for example heroin, cocaine, fentanyl or methamphetamine) without a valid prescription is a Class 5 felony (1 to 10 years, or up to 12 months in jail and/or a $2,500 fine). Schedule III possession is a Class 1 misdemeanor, Schedule IV a Class 2 misdemeanor, Schedule V a Class 3 misdemeanor and Schedule VI a Class 4 misdemeanor. Virginia's paraphernalia law makes selling paraphernalia, or possessing it with intent to sell, a Class 1 misdemeanor; the statute does not make simple possession of paraphernalia a crime. A first offender with no prior drug conviction who pleads to possession may have the case deferred and be placed on probation with a substance abuse assessment, drug testing and community service (at least 100 hours for a felony); on successful completion the charge is dismissed without a finding of guilt.
Is a hit and run a felony in Virginia?
A driver in a crash that kills or injures someone, or damages an attended vehicle or other attended property, must stop immediately, report name, address, driver's license and registration number to police and to the people involved, and give reasonable help to anyone injured. Leaving the scene is a Class 5 felony (1 to 10 years, or up to 12 months in jail and/or a $2,500 fine) when the crash causes injury or death or more than $1,000 in property damage. It is a Class 1 misdemeanor (up to 12 months in jail and/or a $2,500 fine) when the crash causes $1,000 or less in property damage.
Is reckless driving a crime in Virginia?
Reckless driving is driving on a highway recklessly or at a speed or in a manner that endangers the life, limb or property of any person, regardless of the speed limit. Driving 20 mph or more over the posted limit, or faster than 85 mph anywhere, is reckless driving by speed. It is a Class 1 misdemeanor, punishable by up to 12 months in jail and/or a fine up to $2,500. It becomes a Class 6 felony if the driver's license was suspended or revoked for a moving violation and the reckless driving was the sole and proximate cause of another person's death.
Is harassment a crime in Virginia?
Stalking is engaging in conduct more than once, in person or by mail, phone or electronic communication, directed at a person, intending to cause (or knowing or reasonably should know it would cause) reasonable fear of death, criminal sexual assault or bodily injury to that person or a family or household member. A first offense is a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500). A second stalking offense within five years of a prior conviction is a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine). Separately, using a computer or network to coerce, intimidate or harass someone by sending obscene language, indecent proposals or threats is harassment by computer, a Class 1 misdemeanor.
Is resisting arrest a felony in Virginia?
Intentionally preventing or trying to prevent a law-enforcement officer from lawfully arresting you (including fleeing after the officer applies physical force or tells you that you are under arrest) is a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500). Knowingly obstructing a law-enforcement officer in his duties is also a Class 1 misdemeanor; obstruction using threats of bodily harm or force in connection with certain drug-distribution or violent-felony cases is a Class 5 felony. Fleeing police in a vehicle after a signal to stop (eluding) is a Class 2 misdemeanor (up to 6 months and/or $1,000); it becomes a Class 6 felony if the driving endangers a person or the police vehicle, and a Class 4 felony (2 to 10 years) if an officer is killed in the pursuit. Eluding also requires a license suspension of 30 days to one year (at least 90 days if the driver went 20 mph or more over the limit).
What happens if you miss a court date in Virginia?
Willfully failing to appear in court after release on bail, recognizance or a summons is a crime in Virginia. If the person was charged with (or convicted and on a suspended sentence for) a felony, it is a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine); for a misdemeanor it is a Class 1 misdemeanor (up to 12 months and/or $2,500). Any bond can also be forfeited. 'Willfully' means intentionally trying to avoid the court process, and the court must consider reasons such as illness, unforeseen transportation problems, lack of dependent care, and steps taken to fix the missed date; the law does not apply to someone who was in jail or custody at the time.
What happens if you violate probation in Virginia?
The court that suspended the sentence decides probation violations, after a hearing, and must issue process to notify the person within set deadlines (generally 90 days after learning of the violation). If the court finds good cause to believe the terms were violated, it may revoke the suspended sentence and impose time, then suspend it again with new probation terms; absconding can extend probation. For a 'technical violation' (such as failing to report as instructed, using drugs, or changing residence without permission, without a new crime), the court may not impose active jail for a first violation, there is a presumption against it for a second (at most 14 days, found by a preponderance of the evidence), and any sentence is possible for a third or later one. A new criminal conviction or other non-technical violation allows the court to impose any or all of the suspended time; revocation orders can be appealed.
Is obstruction of justice a felony in Virginia?
Knowingly obstructing a judge, juror, prosecutor, witness or police officer in their duties, or using threats or force to try to intimidate them or obstruct the administration of justice, is a Class 1 misdemeanor (up to 12 months and/or $2,500). Using threats of bodily harm or force to intimidate a witness or court officer in a case involving drug distribution, gang crimes or a violent felony is a Class 5 felony. Knowingly making a materially false statement to a police officer investigating someone else's crime is also a Class 1 misdemeanor.
Is perjury a felony in Virginia?
Perjury, willfully swearing falsely under oath about a material matter (including in a written statement made under penalty of perjury), is a Class 5 felony: 1 to 10 years in prison, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine. A person convicted of perjury is permanently barred from holding public office and from serving on a jury.
Is public intoxication a crime in Virginia?
Being intoxicated in public, from alcohol or any drug, is a crime in Virginia: a Class 4 misdemeanor, punishable by a fine of up to $250 (no jail). Where a court-approved detoxification center exists, police may take the person there instead of arresting them, but no one may be held there involuntarily.
What is a disorderly conduct charge in Virginia?
Disorderly conduct means, with intent to cause public inconvenience, annoyance or alarm (or recklessly risking it), engaging in conduct in a public place that has a direct tendency to provoke violence by the person it is aimed at, or willfully (or while intoxicated) disrupting a funeral, a government, school or religious meeting, or a school operation or activity. Words or displays alone are not covered. It is a Class 1 misdemeanor (up to 12 months in jail and/or a $2,500 fine); the statute does not apply to K-12 students for conduct on school property or at school activities.
What is the penalty for indecent exposure in Virginia?
Indecent exposure, intentionally making an obscene display or exposure of oneself or one's private parts in a public place or where others are present (or getting someone else to do so), is a Class 1 misdemeanor: up to 12 months in jail and/or a $2,500 fine. Breastfeeding in public is expressly not a violation.
Is prostitution illegal in Virginia?
Prostitution, performing or offering (and then taking a substantial step toward) listed sexual acts for money, is a Class 1 misdemeanor (up to 12 months in jail and/or a $2,500 fine). Buying sex, called solicitation of prostitution, is also a Class 1 misdemeanor, but soliciting a minor is a felony: Class 6 if the minor is 16 or older, Class 5 if younger than 16.
Is gambling legal in Virginia?
Virginia's gambling crimes do not apply to the state lottery, sports betting that is lawful under the state's sports betting law, licensed casino gaming, pari-mutuel horse racing, or permitted charitable bingo, raffles and Texas Hold'em tournaments. Illegal gambling is a Class 3 misdemeanor (fine up to $500), and illegal betting on horse races outside licensed venues is a Class 1 misdemeanor. Operating an illegal gambling operation is a Class 6 felony, or 1 to 10 years and a fine up to $20,000 if it ran more than 30 days or took in $2,000 or more in a day. The Virginia Lottery regulates the state's casinos and sports betting.
Is embezzlement a felony in Virginia?
Embezzlement, wrongfully using or keeping money or property received for an employer, principal or another person, or entrusted to you through your job, office or a court, is treated as larceny and punished the same way. Embezzling $1,000 or more is grand larceny: 1 to 20 years in prison, or at the jury's or court's discretion up to 12 months in jail and/or a $2,500 fine. Under $1,000 is petit larceny, a Class 1 misdemeanor.
Is identity theft a felony in Virginia?
Identity theft, using or obtaining someone's identifying information (such as name, Social Security number, account or card numbers, PINs or passwords) without permission with intent to defraud, is a Class 1 misdemeanor. It becomes a Class 6 felony if it causes a financial loss of $1,000 or more or it is a second or later conviction, and stealing information to sell it is a Class 5 felony for five or more victims and a Class 4 felony for 50 or more. Credit card or gift card fraud is a Class 1 misdemeanor under $1,000 in any six-month period and a Class 6 felony at $1,000 or more; restitution is ordered for identity theft victims.
Is forgery a felony in Virginia?
Forging a writing to the prejudice of another's rights, or knowingly passing (uttering) a forged writing, is a Class 5 felony (1 to 10 years, or up to 12 months in jail and/or a $2,500 fine); forging public records or official certificates is a Class 4 felony (2 to 10 years). Writing a bad check with intent to defraud, knowing there are insufficient funds, is larceny: a Class 1 misdemeanor if the check is under $1,000 and a Class 6 felony if it is $1,000 or more.
Is blackmail illegal in Virginia?
Extortion (blackmail) is getting money, property or a financial benefit by threatening injury to someone's character, person or property, accusing them of a crime, threatening to report them as being in the country illegally, or withholding their passport, immigration document or other government ID. It is a Class 5 felony: 1 to 10 years in prison, or up to 12 months in jail and/or a $2,500 fine. Threatening to release someone's identifying information (such as Social Security or account numbers) counts as a threat to property.
What is the difference between first and second degree murder in Virginia?
Virginia has aggravated murder, first-degree murder and second-degree murder. Aggravated murder (a willful, deliberate and premeditated killing with a listed factor, such as murder for hire, during a robbery or rape, of a police officer, or of more than one person) is a Class 1 felony: life in prison and a fine up to $100,000. First-degree murder (killing by poison, lying in wait, imprisonment or starving, any willful, deliberate and premeditated killing, or a killing during arson, rape, robbery, burglary or abduction) is a Class 2 felony: 20 years to life and up to $100,000. All other murder, including an accidental killing during another felony, is second-degree murder: 5 to 40 years.
What is the sentence for manslaughter in Virginia?
Voluntary manslaughter and involuntary manslaughter are each a Class 5 felony: 1 to 10 years, or up to 12 months in jail and/or a $2,500 fine at the jury's or court's discretion. Unintentionally causing a death while driving under the influence is involuntary manslaughter; if the conduct was so gross, wanton and culpable as to show reckless disregard for human life, it is aggravated involuntary manslaughter, punished by 1 to 20 years with a one-year mandatory minimum. A DUI manslaughter conviction also revokes the driver's license.
Is child endangerment a felony in Virginia?
A parent, guardian or other caretaker of a child under 18 who by a willful act or omission causes or permits serious injury to the child is guilty of a Class 4 felony (2 to 10 years). A caretaker whose willful act or omission is so gross, wanton and culpable as to show reckless disregard for human life is guilty of a Class 6 felony (1 to 5 years), even without injury. An adult who willfully contributes to, encourages or causes a child to become delinquent, in need of services or supervision, or abused or neglected (or to join a criminal street gang) is guilty of a Class 1 misdemeanor (up to 12 months and $2,500).
Is arson a felony in Virginia?
Maliciously burning or blowing up an occupied dwelling (or an occupied hotel, hospital, jail, church or similar building) is a felony punished by 5 years to life; if unoccupied it is a Class 4 felony (2 to 10 years). Burning a meeting house, school, courthouse, store or similar building is a Class 3 or Class 4 felony. Burning any other building, bridge or structure (including for insurance fraud) is a Class 3 felony (5 to 20 years) if someone is in it, otherwise a Class 4 felony if worth $1,000 or more, or a Class 1 misdemeanor if worth less. Burning personal property or crops worth $1,000 or more is a Class 4 felony, and less is a Class 1 misdemeanor.
Is animal cruelty a felony in Virginia?
Cruelty to animals (overdriving, ill-treating, abandoning, torturing, cruelly beating or killing an animal, or denying it necessary food, water, shelter or emergency veterinary care) is a Class 1 misdemeanor (up to 12 months and $2,500); it is a Class 6 felony (1 to 5 years) for a repeat torture-type offense or when the current or a prior violation caused an animal's death. Torturing or cruelly injuring a companion dog or cat that causes serious injury or death is a Class 6 felony. After a felony conviction the court may ban owning or possessing companion animals or horses for life (up to five years after a misdemeanor), and violating the ban is a Class 1 misdemeanor.
Is revenge porn illegal in Virginia?
Yes. Maliciously disseminating or selling a nude or partly nude image of another person (including a realistic altered or AI-created image of a real person), with intent to coerce, harass or intimidate and knowing it is not authorized, is a Class 1 misdemeanor (up to 12 months and $2,500). A victim may sue for compensatory and punitive damages plus attorney's fees, whether or not the person was charged.
Is cyberbullying a crime in Virginia?
Harassment by computer (using a computer or network, with intent to coerce, intimidate or harass, to send obscene or indecent language, make an obscene proposal, or threaten an illegal or immoral act) is a Class 1 misdemeanor (up to 12 months and $2,500).
Is money laundering a felony in Virginia?
Virginia does not grade money laundering by amount. Knowingly conducting a financial transaction with proceeds of any felony is punished by up to 40 years in prison and/or a fine up to $500,000. Converting cash into negotiable instruments or electronic funds for pay, knowing it is felony proceeds, is a Class 1 misdemeanor, and a Class 6 felony for a repeat.
What are the human trafficking laws in Virginia?
Commercial sex trafficking (recruiting or causing a person to engage in prostitution in order to profit from it) is a Class 5 felony (1 to 10 years); using force, intimidation or deception makes it a Class 4 felony (2 to 10 years), and an adult trafficking someone under 18 commits a Class 3 felony (5 to 20 years); each violation is a separate felony. Labor trafficking is treated as 'abduction': obtaining a person's labor or services, or taking or holding a person to subject them to forced labor, by force, intimidation (including taking passports or threatening deportation) or deception is a Class 5 felony, or a Class 2 felony (20 years to life) if the victim is a minor.
Is jaywalking illegal in Virginia?
Pedestrians must cross, wherever possible, only at intersections or marked crosswalks and may not carelessly or maliciously interfere with traffic, but crossing at an unmarked intersection or between intersections by the most direct route is not negligence as a matter of law. Pedestrians may not step out between intersections from behind an obstruction where drivers cannot see them. Since 2020, police may not stop a pedestrian for these violations, and evidence from such a stop is inadmissible. Violations are traffic infractions with a fine up to $250 (the Class 4 misdemeanor amount).
What is the open container law in Virginia?
It is illegal for a driver to drink alcohol while driving on a public highway. An open container in the passenger area (including an unlocked glove compartment) with some alcohol removed, plus signs the driver has been drinking, creates a presumption that the driver drank. Trunks, the area behind the last upright seat, motor-home living quarters, and buses, taxis and limousines for hire are excluded. A violation is a Class 4 misdemeanor (fine up to $250). The statute applies to drivers; it does not make passenger possession an offense.
What happens if you are caught drinking under 21 in Virginia?
A person under 21 who buys, possesses or drinks, or tries to buy, possess or drink, alcohol, or who uses a fake, altered or borrowed ID to do so, is guilty of a Class 1 misdemeanor. On conviction the court must order a mandatory minimum $500 fine or 50 hours of community service, and an adult's (18 to 20) driver license is suspended for 6 months to 1 year (a restricted license may be allowed); juveniles are handled under juvenile-court rules. A first-time adult offender may receive deferred disposition with an education or treatment program, leading to dismissal.
What happens if you drive on a suspended license in Virginia?
Driving while your license or privilege is suspended or revoked is a Class 1 misdemeanor (up to 12 months and $2,500). The court must suspend the license again for the same period as the original suspension (or up to 90 more days if the original had no fixed end), and a vehicle impounded for a DUI-related suspension may be held up to 90 more days. With no violation in the past 10 years, the court may dismiss the charge if the driver proves compliance (except commercial drivers).
What is the penalty for driving without a license in Virginia?
Driving without ever having obtained a valid license is a Class 2 misdemeanor (up to 6 months and $1,000) for a first offense and a Class 1 misdemeanor (up to 12 months and $2,500) for a repeat; the court may also suspend driving privileges for up to 90 days, and may dismiss the charge if the person gets a license before court. A licensed driver who fails to carry the license commits a traffic infraction with a $10 fine, which is cleared by showing a valid license to the court.
What knives are legal to carry in Virginia?
Carrying hidden on your person a dirk, bowie knife, stiletto, ballistic knife, machete, razor or similar weapon is a Class 1 misdemeanor; a second violation is a Class 6 felony and a third a Class 5 felony (exceptions include your own home or place of business). Selling, giving or possessing for sale a ballistic knife is a Class 4 misdemeanor. On school grounds, school buses and child day centers, possessing any knife other than a folding pocket knife with a metal blade under three inches is a Class 1 misdemeanor, with exceptions for food-preparation knives, trade tools and school programs.
Are fireworks legal in Virginia?
Only 'permissible fireworks' are allowed for consumer use: non-exploding sparklers and fountains (sparks no farther than 16.4 feet), wheels, and crackling or strobe devices that do not explode, fly, shoot projectiles or reload. The Statewide Fire Prevention Code must bar transporting, selling, buying or setting off any other fireworks except for permitted displays run by state-certified operators, and localities may adopt stricter rules. Violating the Fire Prevention Code is a Class 1 misdemeanor (up to 12 months and $2,500).
Is kidnapping a felony in Virginia?
Virginia treats 'abduction' and 'kidnapping' as the same crime: by force, intimidation or deception, and without legal justification, seizing, taking, moving, detaining or hiding a person to deprive them of their liberty or to keep them from someone lawfully entitled to their custody, or to force them into labor. Abduction is generally a Class 5 felony (1 to 10 years, or up to 12 months in jail and/or $2,500), and abduction of a minor is a Class 2 felony (20 years to life and up to $100,000). Abduction to extort money, to sexually abuse ('defile') the victim, for prostitution, or to produce child pornography is also a Class 2 felony. A parent or household member with custody or visitation rights who abducts the child in violation of a court order commits a Class 1 misdemeanor, or a Class 6 felony if the child is taken out of Virginia.
Is making a threat a crime in Virginia?
Knowingly communicating in writing (including email, text or social media) a threat to kill or injure someone that puts them or a family member in reasonable fear is a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or $2,500), or a Class 5 felony if meant as an act of terrorism. Threatening, orally or in writing, to kill or to fire a gun at a school, school event or school bus is also a Class 6 felony. A written threat to kill or seriously injure meant to intimidate the public, influence government, or force an evacuation is a Class 5 felony for an adult (Class 1 misdemeanor under 18). Oral threats to kill or injure school employees at school or health care providers at work are Class 1 misdemeanors (up to 12 months and/or $2,500).
Is stealing a car a felony in Virginia?
Stealing a car is larceny: grand larceny if the vehicle is worth $1,000 or more (1 to 20 years in prison, or up to 12 months in jail and/or a $2,500 fine), petit larceny (a Class 1 misdemeanor) if less. Taking, driving or using someone else's vehicle, boat or aircraft without consent, intending only to deprive the owner temporarily (joyriding, called unauthorized use), is a Class 6 felony (1 to 5 years), or a Class 1 misdemeanor if the vehicle is worth less than $1,000. Accomplices face the same punishment.
Is receiving stolen property a felony in Virginia?
Buying or receiving stolen goods from another person, or helping hide them, knowing they were stolen, is treated as larceny of those goods, so it is graded by value: grand larceny at $1,000 or more (1 to 20 years, or up to 12 months in jail and/or a $2,500 fine) and petit larceny, a Class 1 misdemeanor, under $1,000. The receiver can be prosecuted even if the thief is not convicted, and buying goods used in a police sting while believing them stolen is also larceny.
What is organized retail theft in Virginia?
Organized retail theft is conspiring or acting with another person to steal retail property from one or more stores, worth more than $5,000 aggregated over a 90-day period, intending to sell it, and placing it with a 'fence' or another person, while either receiving or possessing stolen retail goods or acting with two or more others as an organizer, supervisor, financier, leader or manager of the scheme. It is a Class 3 felony (5 to 20 years and up to $100,000). Thefts from stores in different counties or cities can be combined into one charge.
What counts as drug trafficking in Virginia?
Manufacturing, selling, giving, distributing, or possessing with intent to distribute a Schedule I or II drug carries 5 to 40 years and up to a $500,000 fine; a second conviction can bring life with a 3-year mandatory minimum, with longer minimums for later convictions. Schedule III drugs are a Class 5 felony, Schedule IV a Class 6 felony, and Schedule V or VI a Class 1 misdemeanor; sharing only as an 'accommodation' without profit lowers the grade. Large quantities (such as 1 kilogram of heroin, 5 kilograms of cocaine, 100 kilograms of marijuana, or 100 grams of methamphetamine) carry 20 years to life with a 20-year mandatory minimum (with a limited safety-valve exception), and leaders of large drug enterprises face further mandatory terms.
Is prescription fraud a felony in Virginia?
Obtaining or trying to obtain any drug, or having a controlled substance administered, by fraud, deceit, misrepresentation, embezzlement or subterfuge, by forging or altering a prescription, by hiding a material fact, or by giving a false name or address is a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or $2,500). Making or passing a forged prescription and posing as a doctor or pharmacist to get drugs are covered too. A first offender may be placed on probation and, after completing it, be found guilty of a Class 1 misdemeanor instead.
What is vehicular assault in Virginia?
Driving while intoxicated in a way so gross, wanton and culpable as to show reckless disregard for human life and unintentionally causing someone serious bodily injury (called maiming resulting from driving while intoxicated) is a Class 6 felony (1 to 5 years). If the injury causes permanent and significant physical impairment, it is a Class 4 felony (2 to 10 years and up to $100,000). The driver's license is revoked on conviction.
Is street racing a crime in Virginia?
Racing two or more vehicles, or 'exhibition driving' (burnouts, spinning in circles, drag racing a set course, or carrying a passenger on the hood or roof near a group of people), on a highway or on the publicly open lot of a church, school, recreational facility or business without permission is reckless driving, a Class 1 misdemeanor (up to 12 months and/or $2,500). A racing conviction requires a license suspension of six months to two years (or Intelligent Speed Assistance enrollment), and an exhibition-driving conviction up to six months. Causing serious injury to an uninvolved person while racing in a grossly reckless way is a Class 6 felony, and causing a death carries 1 to 20 years, with a 1-to-3-year license suspension; helping or abetting a race is a Class 1 misdemeanor.
What is the penalty for boating under the influence in Virginia?
Operating a watercraft or motorboat that is underway with a blood alcohol concentration at or above the limit for drunk driving in Va. Code § 18.2-266, while under the influence of alcohol or drugs to a degree that impairs safe operation, or with listed levels of cocaine, methamphetamine, PCP or MDMA in the blood is a Class 1 misdemeanor (up to 12 months and/or $2,500). Reckless boating is also covered. On conviction the court must order the person not to operate a watercraft or motorboat for 12 months, or three years for a second conviction within 10 years; violating that order is a Class 2 misdemeanor (Class 1 for a repeat).
Is insurance fraud a felony in Virginia?
Virginia defines insurance fraud as committing or attempting the crime of obtaining money or property by false pretense (Va. Code § 18.2-178) in connection with insurance. Obtaining money by a false pretense with intent to defraud is treated as larceny, so it is graded by value: grand larceny at $1,000 or more (1 to 20 years, or up to 12 months in jail and/or a $2,500 fine) and petit larceny, a Class 1 misdemeanor, under $1,000. Insurers and insurance professionals must report suspected fraud, and insurance applications and claim forms must carry a fraud warning.
What happens if you commit welfare or unemployment fraud in Virginia?
Getting or trying to get public assistance or other designated benefits (including Medicaid-administered programs) through a willful false statement, impersonation or other fraud is larceny, as is knowingly trafficking in or misusing SNAP benefits, EBT cards or energy assistance; it is graded by value as grand larceny ($1,000 or more: 1 to 20 years, or up to 12 months in jail and/or $2,500) or petit larceny (a Class 1 misdemeanor). Knowingly making a false statement or hiding a material fact to get or increase unemployment benefits is a Class 1 misdemeanor for each false statement.
Is bribery a felony in Virginia?
Corruptly giving, offering or promising a gift to an executive, legislative or judicial officer, sheriff, police officer or candidate to influence their official action is a Class 4 felony (2 to 10 years and up to $100,000), and the gift is forfeited. An officer or candidate who accepts such a gift commits a Class 4 felony, forfeits the office, and is barred forever from holding public office in Virginia. Commercial bribery (secretly giving an employee or agent a gift to influence their work against their employer, or an employee taking one or a kickback) is a Class 3 misdemeanor (fine up to $500).
What are the penalties for tax evasion in Virginia?
Willfully failing or refusing to file a required Virginia income tax return is a Class 1 misdemeanor (up to 12 months and/or $2,500), and making a false statement on a return with intent to defraud the Commonwealth is a Class 6 felony (1 to 5 years); prosecution must begin within five years. A business officer or other person required to collect sales, use or withholding tax who willfully fails to collect or pay it over, or willfully evades it, commits a Class 1 misdemeanor.
What are the penalties for sexual assault in Virginia?
Rape (sexual intercourse, including with a spouse, by force, threat or intimidation, or through the victim's mental incapacity or physical helplessness) is punishable by 5 years to life in prison. Forcible sodomy and object sexual penetration carry the same range. Aggravated sexual battery (sexual abuse by force with a victim 13 or 14, serious injury or a weapon, or of an incapacitated or helpless victim, among other listed cases) carries 1 to 20 years and a fine of up to $100,000. Sexual battery (sexual abuse by force, threat, intimidation or ruse, repeated non-consensual touching, or abuse by jail, probation or police staff of people in their custody) is a Class 1 misdemeanor (up to 12 months and/or $2,500). For age-based offenses see the age-of-consent page.
What are the penalties for child molestation in Virginia?
Rape of a child under 13 carries 5 years to life, and mandatory life in prison when the indictment alleges the offender was 18 or older; if the sentence is less than life (for an offender more than 3 years older), the judge must add a suspended sentence of at least 40 years. Forcible sodomy and object sexual penetration also carry 5 years to life. Sexual abuse of a child under 13, or by a parent, step-parent or grandparent of a child 13 to 17, is aggravated sexual battery (1 to 20 years and up to $100,000). Taking indecent liberties with a child under 15 by someone 18 or older (such as exposure or proposing sexual acts) is a Class 5 felony (1 to 10 years), Class 4 (2 to 10 years) for a repeat offense; indecent liberties by a parent, step-parent or grandparent is a Class 5 felony if the child is 15 to 17 and a Class 4 felony if under 15.
What are the child pornography laws in Virginia?
Knowingly possessing child pornography (sexually explicit visual material showing an identifiable minor, or obscene material depicting a minor) is a Class 6 felony (1 to 5 years), and a Class 5 felony (1 to 10 years) for a second offense. Distributing, selling, sharing, transmitting or possessing it with intent to distribute carries 5 to 20 years, with a 5-year mandatory minimum for a repeat offense. Producing it, or enticing a minor to take part, carries 5 to 30 years if the child is under 15 (5-year mandatory minimum if the offender is at least 7 years older, 15 to 40 years with a 15-year minimum for a repeat) and 1 to 20 years if the child is 15 to 17 (3 to 30 years with a 3-year minimum if the offender is at least 7 years older).
Is online solicitation of a minor a felony in Virginia?
Yes. An adult who uses the internet, phone or any other communication system to solicit, with lascivious intent, a child they know or believe is under 15 for sexual acts or exposure, or to meet for those purposes, commits a Class 5 felony (1 to 10 years); if the adult is at least 7 years older, the penalty is 5 to 30 years with a 5-year mandatory minimum (10 to 40 years with a 10-year minimum for a repeat offense). Soliciting a child 15 to 17 by someone at least 7 years older is a Class 5 felony. Using a communication system to solicit any minor for child pornography or certain sex acts is also a Class 5 felony.
What happens if you fail to register as a sex offender in Virginia?
People convicted of listed offenses register with the Virginia State Police's Sex Offender and Crimes Against Minors Registry, sorted into Tier I, II and III. Tier I and II registrants verify once a year, and Tier III and murder registrants every three months. Tier III offenders, people convicted of murder, and people with two or more registrable convictions must register for life; others stay on the registry until a court removes them, and may petition no sooner than 15 years (Tier I) or 25 years (Tier II) after registering or their last felony or failure-to-register conviction. Knowingly failing to register or giving false information is a Class 1 misdemeanor (Class 6 felony for a repeat) for Tier I and II, and a Class 6 felony (Class 5 for a repeat) for Tier III and murder registrants.
Can a felon own a gun in Virginia?
It is a Class 6 felony (1 to 5 years) for anyone convicted of a felony, anyone adjudicated delinquent at 14 or older for murder, kidnapping, armed robbery or rape, or anyone under 29 adjudicated delinquent at 14 or older for another felony-level act, to possess or transport a firearm or ammunition. There is a 5-year mandatory minimum if the prior conviction was a violent felony and a 2-year mandatory minimum for any other felony within the prior 10 years. A person whose civil rights have been restored by the Governor may petition the circuit court for an order restoring firearm rights; a pardon or restoration by the Governor also lifts the ban unless conditioned.
Is hacking a crime in Virginia?
Computer trespass (with malicious intent or deception and without authority, deleting or disabling data, causing a malfunction, altering data, making unauthorized copies, installing keystroke loggers or software to take control of someone's computer) is a Class 1 misdemeanor (up to 12 months and/or $2,500), and a Class 6 felony (1 to 5 years) if it targets government or utility computers, causes $1,000 or more in damage, or hits more than five computers. Computer fraud (using a computer without authority to obtain property by false pretenses, embezzle or steal) is a Class 1 misdemeanor under $1,000 and a Class 5 felony (1 to 10 years) at $1,000 or more. Computer invasion of privacy and theft of computer services are Class 1 misdemeanors, rising to Class 6 felonies in listed cases. The statutes do not name ransomware.
Is Virginia a one-party consent state?
One-party consent. It is not a crime for a person to record a phone, electronic or in-person conversation if that person is a party to it or one of the parties gave prior consent. Otherwise, intentionally intercepting, using or disclosing a wire, electronic or oral communication is a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine).
Is filing a false police report a crime in Virginia?
Knowingly giving police a false report of a crime with intent to mislead, causing someone else to do so by staging a crime, or summoning police without just cause to interfere with their work (including by triggering an automatic alarm) is a Class 1 misdemeanor (up to 12 months and/or $2,500). It becomes a Class 6 felony (1 to 5 years) if the false report or call targets another person because of race, religious conviction, gender, disability, gender identity, sexual orientation, color or national origin. Virginia's statute does not separately name swatting.
Does Virginia have a hate crime law?
Yes, for listed offenses. Assault or assault and battery against someone chosen because of race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin is a Class 1 misdemeanor with at least 6 months in jail, and a Class 6 felony (1 to 5 years, at least 6 months) if it causes bodily injury. Entering someone's property to damage it or interfere with its use, chosen for the same reasons, is a Class 6 felony with at least 6 months, and a bias-motivated false police report or call is a Class 6 felony. Virginia does not have a general enhancement for all crimes.
What happens if you violate parole in Virginia?
Virginia abolished parole for felonies committed on or after January 1, 1995, with narrow exceptions (certain older jury-sentenced cases and people who committed their crimes as juveniles and have served 20 years). Instead, courts add a suspended term of 6 months to 3 years with post-release probation, which the court can revoke. For people still on parole, a hearing officer holds a preliminary probable-cause hearing (with appointed counsel available), then the Parole Board holds a hearing and may revoke parole and return the person to prison for the unserved portion of the sentence, or reinstate parole with new conditions.
What happens if you violate a restraining order in Virginia?
Violating a family abuse protective order by going to a prohibited place, committing family abuse or a crime, or contacting the protected person is a Class 1 misdemeanor (up to 12 months and/or $2,500), and some jail time must be served. A second violation within 5 years involving violence or a threat carries a 60-day mandatory minimum; a third within 20 years involving violence or a threat is a Class 6 felony with a 6-month mandatory minimum. Violating the order while knowingly armed, assaulting and injuring or stalking a protected person, or secretly entering their home is a Class 6 felony (1 to 5 years). The court also issues a new protective order of up to 2 years.
When can a juvenile be tried as an adult in Virginia?
For a juvenile 14 or older charged with a felony, the prosecutor may ask the juvenile court to hold a transfer hearing; the judge may transfer the case to circuit (adult) court after finding probable cause, competence, and by a preponderance of the evidence that the juvenile is not a proper person to remain in juvenile court, weighing age, seriousness, record, treatment options and other listed factors. If a juvenile 16 or older is charged with capital, first-degree or second-degree murder, lynching or aggravated malicious wounding, the juvenile court holds only a preliminary hearing and, on probable cause, sends the case to the grand jury. For 16- and 17-year-olds charged with other listed violent felonies (such as rape, robbery, carjacking, abduction or malicious wounding), the prosecutor may give written notice to use the same certification process. There is no direct filing in adult court without a juvenile court hearing.
Does Virginia have the death penalty?
Virginia law does not provide a death sentence. The most serious crime, aggravated murder (a willful, deliberate and premeditated killing in listed circumstances, such as killing a law enforcement officer, murder for hire, multiple killings, or killing a child under 14 by an adult 21 or older), is a Class 1 felony punished by life imprisonment and a fine of up to $100,000. An offender who was 18 or older and is sentenced to life for a Class 1 felony is not eligible for parole, good conduct or earned sentence credits, or conditional release; killing a law enforcement officer carries a mandatory minimum of life.
Can felons vote in Virginia?
The Virginia Constitution says no person convicted of a felony may vote unless their civil rights are restored by the Governor or other appropriate authority, but the Department of Elections says that under a recent federal court order, a felony conviction now takes away voting rights only for certain 'common law felonies' from 1870. Virginia has identified three statutes that match these: murder (§ 18.2-32), voluntary manslaughter (§ 18.2-35) and involuntary manslaughter (§ 18.2-36). People with other felony convictions may register once they are no longer physically incarcerated, with no application to the Governor; no one may register or vote while physically incarcerated for a felony, and people convicted of a disqualifying offense still need restoration by the Governor.
How do you restore your rights after a felony in Virginia?
The Constitution of Virginia gives the Governor sole discretion to restore civil rights (voting, serving on a jury, running for office, and becoming a notary public), not including firearm rights; people apply through the Secretary of the Commonwealth. According to the Secretary of the Commonwealth, a person convicted of a non-common-law felony who is not incarcerated may vote without the Governor's restoration but must still apply to restore their other civil rights. Firearm rights are restored separately: a person whose civil rights the Governor has restored may petition the circuit court.
Does Virginia have a three strikes law?
Virginia's three-strikes law requires life imprisonment, with no part suspended, for a person convicted of a third or later 'act of violence' after two earlier separate convictions for acts of violence, if the person was at liberty between each conviction. Acts of violence include first and second degree murder and voluntary manslaughter, mob-related felonies, kidnapping or abduction felonies, malicious wounding, robbery and carjacking, most felony sexual assaults, and arson of an occupied structure (plus conspiracy and accessory forms). Similar convictions from other states or federal court count.
Is delta-8 legal in Virginia?
Virginia caps the THC in any hemp product sold at retail, including delta-8 and other intoxicating hemp cannabinoids, because 'tetrahydrocannabinol' covers any natural or synthetic THC and its isomers: a product may contain no more than 0.3 percent total THC and, since August 15, 2026, no more than two milligrams of total THC per package. Selling smokable or edible hemp products requires a regulated hemp product retail facility registration for each location; products containing THC must be in child-resistant packaging and labeled with THC content and that they may not be sold to anyone under 21, and smokable hemp products may not be sold to anyone under 21. Selling a product over the THC limits or without registration carries a civil penalty of up to $10,000 per day.
Are magic mushrooms legal in Virginia?
Psilocybin and psilocyn are Schedule I hallucinogens in Virginia. Possessing a Schedule I or II controlled substance without a prescription is a Class 5 felony (1 to 10 years, or up to 12 months in jail and/or a $2,500 fine).
Is kratom legal in Virginia?
Kratom is legal for adults in Virginia but regulated as a consumer protection matter. It is a prohibited practice to sell kratom to anyone under 21; to sell products without an ingredient list and a required warning label; to store them where customers can reach them (except refrigerated items kept with wine and beer); or to sell products with synthetic or semi-synthetic alkaloids, with 7-hydroxymitragynine above one percent of total alkaloids or more than one milligram per serving, that are adulterated, combustible or meant for vaping or injection, or that are marketed in a way attractive to children.
Is CBD legal in Virginia?
Hemp CBD products are legal in Virginia if, when sold at retail, they contain no more than 0.3 percent total THC and no more than two milligrams of total THC per package (the earlier alternative allowing more THC if CBD was at least 25 times the THC was dropped effective August 15, 2026). Stores selling edible or smokable hemp products, or any product for eating or inhaling advertised as containing a hemp-derived cannabinoid, need a regulated hemp product retail facility registration ($1,000 a year). Products need ingredient and THC labeling (and child-resistant packaging if they contain THC); topical products must say they are not for human consumption.
What is the smoking and vaping age in Virginia?
The minimum age to buy tobacco products and smokable hemp products in Virginia is 21. No one may sell to, buy for, or knowingly permit a purchase by someone under 21, and sellers must check photo ID; violations carry a civil penalty of $500 for a first violation and $2,500 for a repeat within three years, plus $100 against an employee who makes the sale. The version of the statute in effect since October 1, 2026 sets penalties for sellers and buyers-for-minors; it does not contain a penalty on minors for possession.
Is elder abuse a felony in Virginia?
Virginia's law protects 'vulnerable adults': anyone 18 or older whose mental or physical impairment (including from age) leaves them unable to make or carry out reasonable decisions or to provide for or protect themselves. A caregiver who abuses or neglects a vulnerable adult commits a Class 1 misdemeanor (up to 12 months and/or $2,500), a Class 6 felony for a repeat offense, a Class 4 felony (2 to 10 years) if it causes serious bodily injury or disease, and a Class 3 felony (5 to 20 years) if it causes death. Using a vulnerable adult's impairment to take their money or property is financial exploitation, punished as larceny.
Is voyeurism a felony in Virginia?
Peeping or spying into someone's home, or using a peephole to secretly view an undressed person in a restroom, dressing room, hotel room, bedroom or similar place, is a Class 1 misdemeanor (up to 12 months and/or $2,500). Secretly making a video or photo of a nonconsenting person who is nude or undressed in such a place, or 'upskirting', is also a Class 1 misdemeanor, but a Class 6 felony (1 to 5 years) if the victim is under 18 or the offender has two or more such convictions in the past 10 years.
Is assaulting a police officer a felony in Virginia?
Simple assault or assault and battery is a Class 1 misdemeanor in Virginia, but assault and battery against a person the offender knows or should know is a law-enforcement officer, judge, magistrate, firefighter, emergency medical services worker or certain correctional staff performing their duties is a Class 6 felony (1 to 5 years) with a mandatory minimum of six months.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.