How much time am I facing for my felony/misdemeanor - Fairfax Virginia

Pursuant to Virginia Code Section 18.2-11 the authorized punishments for conviction of misdemeanor are:

(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

(b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.

(c) For Class 3 misdemeanors, a fine of not more than $500.

(d) For Class 4 misdemeanors, a fine of not more than $250.

In misdemeanor cases the defendant must serve at least half of the time he or she is sentenced to, e.g. a defendant sentenced to 90 days must serve at least 30 days. However, some misdemeanor charges carry mandatory minimum sentences such as 20 days on a second DUI within 5 years. In those cases the judge has no discretion to sentence below the minimum, but is able to sentence above the minimum based upon a defendant's record and the specific details of the case.

Pursuant to Virginia Code Section 18.2-10 the authorized punishments for conviction of a felony are:

(a) For Class 1 felonies, death, or imprisonment for life and a fine of not more than $100,000 for adults. For juveniles the punishment shall be imprisonment for life and a fine of not more than $100,000.

(b) For Class 2 felonies, imprisonment for life or for any term not less than 20 years and a fine of not more than $100,000

(c) For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and a fine of not more than $100,000.

(d) For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and a fine of not more than $100,000.

(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 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 a fine of not more than $2,500, either or both.

(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five 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 a fine of not more than $2,500, either or both.

In felony cases a defendant must serve at least 85% of the time he or she is sentenced to. Parole has been abolished in Virginia. In some cases, judges are willing to authorize defendants to serve on weekends so that they can maintain employment. Generally speaking a defendant must surrender on the same day of trial, but in some cases judges are will to authorize defendants to report to the jail on a later date. Once the defendant is in jail, he or she may be able to apply for work release or home detention. The determination of whether or not a defendant qualifies for such programs is completely up to the jail.



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About Law Office of Nader Hasan

The Law Offices of Nader Hasan, P.C. is a full service law firm providing comprehensive representation in criminal law, family law, personal injury, immigration law, and business law. We are committed to providing excellent customer service to every client through communication, education, compassion, and respect. 

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