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.
MONTE E. KULIGOWSKI, P.C.
      Attorney and Counselor at Law                                                                                     
                                                                                       
Legal Defense Center
Virginia Beach, Virginia
Penalties & Options                                                Office: (757) 424-5434
 






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