Virginia Class 1 Misdemeanor
Have you been charged with a misdemeanor? Then you should not take your charges lightly. You need to know that a misdemeanor is a criminal charge, and a conviction can have an adverse impact on your personal and social life.
In the Commonwealth of Virginia, misdemeanor offenses are categorized into four different classes and some misdemeanor offenses are unclassified, which means those misdemeanors are classified as a Virginia Class 1 Misdemeanor.
Before going into the different types of misdemeanor offenses in the state of Virginia you need to understand what exactly misdemeanor means.
A misdemeanor is a crime not so serious in nature when compared with the felony. Therefore, the punishments for misdemeanor offenses also less serious in nature. For example, the term of imprisonment for a Virginia Class 1 Misdemeanor offenses shall be for a maximum of one year.
Though misdemeanor is a crime less serious in nature, for repeated Virginia Class 1 Misdemeanor offenses you can be charged with a felony. Therefore, in order to have your rights protected, it is important to engage an attorney with skills and experience.
There are four classes of a misdemeanors as categorized in Virginia (Va. Ann. Code § 18.2-11.) and they are:
VA Class 1 Misdemeanor:
Class 1 misdemeanors are the most serious misdemeanors in Virginia. A Class 1 misdemeanor is punishable by:
- up to one year in jail, or
- a fine of up to $2,500, or
Examples for the Class 1 misdemeanor: include Reckless driving, DUI, Petit larceny, Assault and Battery, Domestic Assault, etc.
VA Class 2 Misdemeanor:
Class 2 misdemeanors are punishable by:
- up to six months in jail
- a fine of up to $1,000, or
For example, Possession of drug paraphernalia and Reckless Driving are Class 2 misdemeanors in Virginia.
VA Class 3 Misdemeanors and VA Class 4 Misdemeanors:
Class 3 and 4 misdemeanors, the least serious misdemeanor offenses, are punishable by fines, but there is no imprisonment. A Class 3 misdemeanor is punishable by a fine of up to $500 and Class 4 misdemeanor is punishable by a fine of up to $250.
Examples of Class 3 misdemeanors include Possession of Class V controlled substances and some property destruction.
A person could be charged with a Class 4 misdemeanor for a first conviction of public intoxication or possession of a Class VI controlled substance.
The limitation period for misdemeanor Offenses:
It is well known that most crimes have a statute of limitations. It is the stipulated time period within which the state must begin the prosecution or the defendant can have the case dismissed. Note that the statute of limitations begins when the crime is committed. For the Misdemeanor offenses in Virginia, the limitation period is one year.
Criminal convictions, even for misdemeanors, can be very serious. If you are charged with a crime, it is best to avoid conviction. For that, you need to talk to an experienced Virginia criminal attorney. A Virginia criminal attorney, with experience, can help you obtain the best possible outcome based on the facts of your case. B