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Home :: FAQ :: What is a misdemeanor?

What is a misdemeanor?
Misdemeanors are crimes for which the maximum penalty is generally one year or less in prison. There are 4 classes of misdemeanors in Virginia. The maximum punishments are as follows:

  • Class 1: twelve months in jail and/or a fine of not more than $2,500;
  • Class 2: six months in jail 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.

Misdemeanors generally start and end in General District Court (or Juvenile & Domestic Relations District Court). Your first court date is known as an arraignment. There, the judge will advise you of the charge, determine whether you have a right to counsel, and, if so, determine eligibility for court-appointed counsel. You will then be assigned a second court date which is generally your trial date. Even if you don't have a legal right to counsel, or you do not qualify for court-appointed counsel, you are free to hire your own attorney at any time. This should be done as soon as possible before your trial date.
 

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