Overview of Virginia Criminal and Traffic Incarceration/Penalties

In Virginia, felony charges are classified into six classes for purposes of     defining punishment: From Class 6 (being the least serious) to Class 1 (being     the most serious). All felonies carry the possibility of incarceration, from periods     of jail time, to prescribed maximum prison terms, to life in prison, and in the     case of capital murder cases, the death penalty is applicable.     With respect to misdemeanors, Virginia classifies these offenses into four     classes, from Class 4 to Class 1 misdemeanors. Like simple traffic infractions     (improper lane change, etc.), first offense Class 3 and 4 misdemeanors do not     carry the possibility of jail time, and are punishable by enumerated fines and     terms of partially suspended or suspended fines.     All Class 1 and 2 misdemeanors do carry the possibility of jail time. All D.U.I,     Reckless Driving and Driving on a Suspended License cases are classified as     Class 1 misdemeanors, at minimum, and carry at least the maximum period of     incarceration for misdemeanors, which is 12 months jail time.     Additionally, certain Class 1 misdemeanor traffic matters carry enumerated     periods of mandatory incarceration for repeat offenders and/or aggravated     factors. Such mandatory time is categorically mandated by the legislature of     which the judiciary has no discretion if the defendant is found guilty of the     charged offense.     No attorney can ever guarantee that a potential client, charged with a jailable     offense, will avoid incarceration. It is, however, in your best interest to retain an     experienced attorney who can defend your case on its fact-specific     circumstances.     In some instances the only way to avoid jail time is to achieve a dismissal or     reduction of the charge. An experienced Virginia attorney who knows which     legal defenses and technicalities apply, can best assist you toward that goal.     Even if convicted, it is nevertheless in your best interest to have an experienced     attorney at your side in court, who knows which instances allow for suspended     jail time and/or alternative sentencing options or other legal options, including     the right of de novo appeal, to soften or deflect the blow if mandatory or                      non-mandatory jail time is imposed.