



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. |


