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Home :: FAQ :: What is a felony?

What is a felony?
Felonies are the most serious of crimes, and the minimum penalty under the law always calls for at least one year in prison. There are six classes of felonies in Virginia. The maximum punishments are as follows:

  • Class 1: life imprisonment or death and $100,000 fine;
  • Class 2: imprisonment for 20 years to life and $100,000 fine;
  • Class 3: imprisonment for 5 years to 20 years and $100,000 fine;
  • Class 4: imprisonment for 2 years to 10 years and $100,000 fine;
  • Class 5: imprisonment for 1 year to 10 years (or 12 months in jail & $2,500 fine)
  • Class 6: imprisonment for 1 year to 5 years (or 12 months in jail & $2,500 fine)

There are also "unclassified" felonies in Virginia (such as rape and robbery) with very serious maximum penalties. Felonies begin in either General District Court or Juvenile & Domestic Relations District Court. After an arraignment, your next court date is generally a preliminary hearing. The purpose of this hearing is to determine whether the prosecution has enough evidence to take your case to Circuit Court for trial. If the judge determines that there is enough evidence, your case will be presented to the grand jury for indictment. Once indicted, a trial date will be set in Circuit Court.
 

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