Misdemeanors
There are four types of Virginia Misdemeanors. Class 1 misdemeanors are punished by up to 1 year in jail and a $2,500 fine. The most common examples of Class 1 Virginia misdemeanors are DUI, Assault, Petit Larceny, and Reckless Driving.
While the classes of misdemeanor go down in severity, it is still a criminal conviction that will remain on your record permanently.
Virginia Misdemeanor Classes:
| Class 1 misdemeanor | Up to 1 year in jail, and/or a fine of up to $2,500.00 |
| Class 2 misdemeanor | Up to 6 months in jail, and/or a fine of up to $1,000.00 |
| Class 3 misdemeanor | Fine up to $500 |
| Class 4 misdemeanor | Fine up to $250 |
Virginia Misdemeanors are typically tried in the General District Court, where you will be tried in front of a Judge. Certain offenses, such as family crimes, domestic violence, and crimes against children maybe tried in the Juvenile and Domestic Relations Court.
Many criminal misdemeanor charges present opportunities to productively negotiate with prosecutors and reach creative solutions that best protect your interests.
In the event a resolution cannot be reached before trial, our experienced criminal defense attorneys will passionately and skillfully defend you in Court.
It is important to actively defend against your Virginia Misdemeanors. Currently, Virginia does not allow for any expungement of convictions or guilty pleas. This means that a Misdemeanor will stay on your record indefinitely, unless it is adequately defended against.
Virginia Misdemeanor time is served at 50%. Meaning, if you get 1 year in jail of misdemeanor time, you will only actively serve 6 months. This is true for all misdemeanors except those that carry mandatory minimum time. For example, if you are convicted of a DUI with an elevated BAC of .15 or above and receive the 5-day mandatory minimum sentence, you will serve all 5 days.
Common Virginia Misdemeanors and their punishment
| Crime | Punishment |
| Assault & Battery | Up to 1 year in jail, up to $2,500.00 in fines |
| Driving Under the Influence (DUI/DWI) | Up to 1 year in jail, up to $2,500.00 in fines |
| Drunk In Public or Public Intoxication | $250 fine, permanent criminal record |
| Disorderly Conduct | Up to 1 year in jail, up to $2,500.00 in fines |
| Destruction of Property | Up to 1 year in jail, up to $2,500.00 in fines |
| Reckless Driving | Up to 1 year in jail, up to $2,500.00 in fines |
| Assault on a Household Member | Up to 1 year in jail, up to $2,500.00 in fines |
| Petit Larceny (Theft) | Up to 1 year in jail, up to $2,500.00 in fines |
| Indecent Exposure | Up to 1 year in jail, up to $2,500.00 in fines |
| Hit and Run | Up to 1 year in jail, up to $2,500.00 in fines |
| Driving on a Suspended License | Up to 1 year in jail, up to $2,500.00 in fines |
| Driving Without a License | Up to 6 months jail, up to 90 days of license suspension, fine up to $1,000 |
| Aggressive Driving | Up to 6 months jail, up to 6 months of license suspension, fine up to $1,000 |
| Underage Possession of Alcohol | Up to 1 year in jail, up to $2,500.00 in fines |
| Carrying Weapon in Airport | Up to 1 year in jail, up to $2,500.00 in fines |
| Contributing to the Delinquency of a Minor | Up to 1 year in jail, up to $2,500.00 in fines |
Jurisdictions We Practice In
Our Virginia criminal defense attorney can help those accused of a misdemeanor throughout Northern Virginia including Alexandria, Arlington, & Fairfax. Contact us today.
