For sentencing, there are four (4) different classes of misdemeanors in Virginia. In reality, there are five (5) types of misdemeanors because there is an unclassified type in Virginia.
A Virginia Class 1 misdemeanor is the most serious category of misdemeanor. Examples of class 1 misdemeanors are reckless driving, driving while under the influence of drugs or alcohol (DUI), assault, and battery. The Virginia Code authorizes the following possible maximum sentences:
However, depending on the specific charge, there may be other consequences (for example, loss of driving privileges). In addition, the court may impose both of the above maximum punishments for a conviction of a Class 1 misdemeanor in Virginia.
Examples include possession of a controlled substance classified as Schedule IV. Punishments authorized by the Virginia Code for a Class 2 misdemeanor:
Examples include destruction of property (in some cases) and possession of a controlled substance classified as Schedule V.
Examples include drunk in public and possession of a Schedule VI controlled substance.
The punishment for a Virginia Unclassified Misdemeanor will vary as far as jail time and fines. One example of a relatively common unclassified misdemeanor is the possession of marijuana, the first offense (note: this also depends on the amount in possession). It is punishable by up to 30 days in jail and a fine of up to $500.
The Virginia Code:
See The Virginia Code, Section 18.2-9 for classes of felonies and misdemeanors;
See The Virginia Code, Section 18.2-11 for misdemeanor sentencing;
See the Virginia Code, Section 18.2-250.1 for possession of marijuana;
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