A Class 5 felony in Virginia is punishable by one to ten years in state prison, or, if the jury or judge chooses, up to 12 months in jail and a fine of up to $2,500. It is one of only two felony classes in Virginia that can be sentenced at either a felony or a misdemeanor level, which is why lawyers sometimes call it a “wobbler.” The conviction itself remains a felony regardless of which punishment track the sentencer picks.1Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
The Penalty Range
Virginia Code § 18.2-10 gives the sentencing body two options for a Class 5 conviction:1Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
- One to ten years in a state correctional facility, or
- Up to 12 months in a local jail, a fine of up to $2,500, or both.
The statute also controls how fines fit into the picture. On the felony track, a court can impose prison alone or prison plus a fine, but it cannot impose a fine by itself. The $2,500 fine, and the possibility of a jail-only sentence with no prison time, exist only when the sentencer picks the misdemeanor-level track.1Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
For context, Class 5 sits near the bottom of Virginia’s six-tier felony system. Class 1 carries life; Class 6 is the only class less serious than Class 5, and it carries one to five years with the same wobbler option.2Virginia Code Commission. Virginia Code 18.2-9 – Classification of Criminal Offenses
Who Decides Felony or Misdemeanor Punishment
The statute hands the decision to “the jury or the court trying the case without a jury.”1Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty In a jury trial, the jury recommends the sentence. In a bench trial, the judge decides. Virginia is one of the few states where juries routinely play that role, so the choice between jury and bench trial often shapes which range a defendant ends up facing.
No single factor controls which track gets chosen. A clean record, no physical harm to another person, and strong mitigation push toward the misdemeanor range. A prior record, or facts that suggest the offense was deliberate and harmful, push toward the felony range.
One point worth being clear about: a Class 5 conviction is still recorded as a felony even when the punishment lands on the misdemeanor side. Getting 12 months in jail and a fine does not convert the charge into a misdemeanor on your record. All of the long-term felony consequences described below still apply.
Crimes Charged as Class 5 Felonies
Virginia classifies dozens of offenses at this level. A few of the ones that come up most often:
Voluntary and involuntary manslaughter. Voluntary manslaughter covers intentional killings without premeditation, typically in the heat of passion.3Virginia Code Commission. Virginia Code 18.2-35 – How Voluntary Manslaughter Punished Involuntary manslaughter covers unintentional killings caused by criminal negligence or by an unlawful act that isn’t itself a felony.4Virginia Code Commission. Virginia Code 18.2-36 – How Involuntary Manslaughter Punished Juries rarely choose misdemeanor punishment when a death is involved.
Extortion. Threatening someone to obtain money, property, or any financial benefit, including threats to injure, threats to harm reputation, and threats to report a person as being illegally present in the country.5Virginia Code Commission. Virginia Code 18.2-59 – Extortion of Money, Property or Pecuniary Benefit
Computer fraud. Using a computer to commit fraud is a Class 5 felony when the value of what’s obtained reaches $1,000 or more. Below that line, the same conduct is a Class 1 misdemeanor.6Virginia Code Commission. Virginia Code 18.2-152.3 – Computer Fraud; Penalty
Credit card forgery. Forging a credit card, or possessing one with intent to defraud. No dollar threshold applies.7Virginia Code Commission. Virginia Code 18.2-193 – Credit Card Forgery
Restitution Is Separate from the Fine
Fines go to the state. Restitution goes to the victim, and Virginia treats them as separate obligations. If the offense caused property damage, financial loss, or medical expenses, the court can order restitution as part of sentencing. A defendant generally cannot receive probation or a suspended sentence unless at least partial restitution is paid or a feasible repayment plan has been submitted.8Virginia Code Commission. Virginia Code 19.2-305.1 – Restitution for Property Damage or Loss; Community Service
When both restitution and a fine are imposed, any payments collected go toward restitution first. The victim gets paid before the state does.8Virginia Code Commission. Virginia Code 19.2-305.1 – Restitution for Property Damage or Loss; Community Service
Life After Conviction
The prison term or fine ends. The felony record keeps working on your life after that.
Loss of Civil Rights
A felony conviction automatically strips the right to vote, serve on a jury, run for public office, and become a notary public. Restoration is not automatic. You apply to the Governor’s office after completing your full term of incarceration, and the Governor alone decides whether to grant it. Firearm rights are specifically excluded from the restoration process.9Virginia Department of the Secretary of the Commonwealth. Restoration of Rights
Firearm Prohibition
Both federal and Virginia law bar a convicted felon from possessing or transporting firearms or ammunition. Federal law imposes a lifetime ban on anyone convicted of a crime punishable by more than one year, which covers every Class 5 felony. Violating Virginia’s prohibition is itself a Class 6 felony, and if the underlying conviction was a violent felony, the violation carries a mandatory minimum of five years.10Virginia Code Commission. Virginia Code 18.2-308.2 – Possession or Transportation of Firearms by Convicted Felons; Penalties
Jobs and Housing
Most private Virginia employers can ask about felony convictions on applications, and a Class 5 felony will show up on background checks. Landlords commonly run criminal background checks as well, and the conviction can narrow your housing options.
Expungement Is Narrow
Under Virginia’s expungement law, as updated effective July 1, 2026, there is no general route to seal a Class 5 felony conviction. Expungement of a conviction is available only when the conviction has been vacated by the court, or when the Governor grants an absolute pardon based on a finding that you did not commit the crime. In those cases, the court orders both police and court records expunged, and no filing fee is required.11Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records
If a case was dismissed or ended in acquittal, expungement of the arrest record is a separate and broader process. But a standing conviction stays. That is a large part of why defense work in Class 5 cases focuses on avoiding the conviction in the first place, rather than trying to clean it up later.
No Time Limit on Being Charged
Virginia does not set a general time limit for prosecuting felonies. The limitations statute, § 19.2-8, applies to misdemeanors and certain specific offenses, but felony charges, including Class 5 felonies, can be brought at any time after the offense.12Virginia Code Commission. Virginia Code 19.2-8 – Limitation of Prosecutions A years-old incident does not fall off the table because time has passed.