Felony Classes in Virginia: Sentences, Parole, and Consequences

Virginia sorts felonies into six classes, numbered Class 1 (the most severe) through Class 6 (the least). The felony classes in Virginia set the sentencing range for each offense: Class 1 is life without parole, Class 2 is 20 years to life, Class 3 is 5 to 20 years, Class 4 is 2 to 10 years, Class 5 is 1 to 10 years, and Class 6 is 1 to 5 years. Every class allows a fine of up to $100,000 except Classes 5 and 6, which cap at $2,500 when sentenced at the misdemeanor level. Some felonies sit outside this framework entirely and carry ranges written into their own statutes.¹

Class 1 Felony

Class 1 is reserved for the most serious offenses Virginia recognizes. If you were 18 or older at the time of the offense, the only possible sentence is life in prison without parole, without earned sentence credits, and without conditional release. The court can add a fine of up to $100,000.¹

Virginia abolished the death penalty in 2021.² The statute now uses the term “aggravated murder” and lists 13 categories, including the premeditated killing of more than one person, a killing committed during a robbery or abduction, the murder of a law enforcement officer acting in an official capacity, and the killing of a child under 14 by someone 21 or older.³

Class 2 Felony

A Class 2 felony carries a minimum of 20 years in prison and a maximum of life, plus a potential fine of up to $100,000.¹ The 20-year floor means even the most favorable sentencing outcome results in decades behind bars.

First-degree murder is the most common Class 2 charge. It covers any premeditated killing that does not meet the narrower criteria for aggravated murder, along with killings committed during arson, rape, robbery, or burglary.⁴ Aggravated malicious wounding also lands here. That offense involves intentionally shooting, stabbing, or otherwise injuring someone with intent to maim or kill when the victim suffers permanent, significant physical impairment.⁵

Class 3 Felony

A Class 3 felony carries 5 to 20 years in prison and a fine of up to $100,000.¹ Malicious wounding is a typical charge at this level: someone intentionally shoots, stabs, or injures another person with intent to maim, disfigure, or kill, but the injuries are less catastrophic than what aggravated malicious wounding requires.

Class 4 Felony

A Class 4 felony drops the range to 2 to 10 years, with the same $100,000 maximum fine.¹ Arson of an unoccupied dwelling fits here. Burning an occupied building draws a higher charge, but when no one is inside the offense is Class 4.⁶

Class 5 and Class 6 Felonies: The Wobblers

The two lowest felony classes are sometimes called “wobblers” because the judge or jury can sentence them as either a felony or a misdemeanor. The practical difference is large: a felony sentence sends you to state prison, while the misdemeanor alternative tops out at 12 months in a local jail and a fine of up to $2,500.

A Class 5 felony carries 1 to 10 years in prison when sentenced as a felony.¹ Involuntary manslaughter, where someone causes another person’s death through reckless or negligent conduct without intent to kill, is a Class 5 offense.⁷

A Class 6 felony carries 1 to 5 years when sentenced as a felony, with the same misdemeanor alternative.¹ One example is reckless driving that causes a death when the driver was operating on a suspended or revoked license.⁸

One point to watch: even when a wobbler is sentenced at the misdemeanor level, the conviction itself is still recorded as a felony. That matters for background checks and firearm rights.

Unclassified Felonies

Not every felony fits the six-class grid. Some statutes set their own sentencing ranges. Virginia law directs that these offenses are punished “according to the punishment prescribed in the section thus defining the offense.”⁹

Grand larceny is the clearest example. Stealing property worth $1,000 or more, or any firearm regardless of value, or $5 or more directly from a person, carries 1 to 20 years in prison. The court can alternatively impose up to 12 months in jail and a fine of up to $2,500.¹⁰ That range does not match any single felony class. Distribution of certain controlled substances also carries unique penalty windows tied to the type and quantity of the drug involved.

No Parole for Virginia Felonies After 1995

Here is the single most important thing to understand about these ranges: parole does not exist for any felony committed on or after January 1, 1995. The statute is explicit that anyone sentenced to prison for a post-1994 felony “shall not be eligible for parole upon that offense.”¹¹ When the General Assembly eliminated parole, it adopted truth-in-sentencing guidelines so that the sentence imposed reflects the time a person will actually serve.

Earned sentence credits can shorten incarceration modestly. Accrual rates vary by offense class, and because parole no longer exists, the credits reduce actual time served rather than advance a parole date.¹² Adults convicted of Class 1 felonies are specifically barred from earning any good-conduct credits or conditional release.¹

Virginia’s sentencing guidelines are advisory. Judges review worksheets calculated from the offense, criminal history, and case specifics, but they retain discretion to sentence above or below the recommended range within the statutory limits.

What a Felony Conviction Costs Beyond Prison

Prison time ends. The civil consequences of a felony conviction do not end on their own. A Virginia felony automatically strips the right to vote, serve on a jury, run for public office, and serve as a notary public. Only the Governor can restore those rights, and the restoration does not include firearm rights.¹³

On guns, Virginia law prohibits convicted felons from possessing firearms, and federal law does the same for anyone convicted of a crime punishable by more than one year of imprisonment. Both prohibitions must be lifted separately to legally possess a firearm again.¹⁴ For non-citizens, a Virginia felony can trigger mandatory immigration detention and deportation under the federal “aggravated felony” definition, which is broader than it sounds and can sweep in offenses Virginia classifies as misdemeanors.

Starting July 1, 2026, Virginia’s new record-sealing law allows people convicted of Class 5 and Class 6 felonies, along with certain larceny offenses, to petition to have their records sealed after a 10-year waiting period. Convictions for Class 1 through Class 4 felonies are not eligible.¹⁵ Sealing is not expungement; the record still exists, but most employers, educational institutions, and government agencies cannot ask about it or use it against you.¹⁶

1
Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
2
Virginia General Assembly. HB 2263 Death Penalty; Abolition of Current Penalty
3
Virginia Code Commission. Virginia Code 18.2-31 – Aggravated Murder Defined; Punishment
4
Virginia Code Commission. Virginia Code 18.2-32 – First and Second Degree Murder Defined; Punishment
5
Virginia Code Commission. Virginia Code 18.2-51.2 – Aggravated Malicious Wounding; Penalty
6
Virginia Code Commission. Virginia Code 18.2-77 – Burning or Destroying Dwelling House
7
Virginia Code Commission. Virginia Code 18.2-36 – How Involuntary Manslaughter Punished
8
Virginia Code Commission. Virginia Code 46.2-868 – Reckless Driving; Penalties
9
Virginia Code Commission. Virginia Code 18.2-14 – How Unclassified Offenses Punished
10
Virginia Code Commission. Virginia Code 18.2-95 – Grand Larceny Defined; How Punished
11
Virginia Code Commission. Virginia Code 53.1-165.1 – Limitation on the Application of Parole Statutes
12
Virginia Code Commission. Virginia Code 53.1-202.3 – Rate at Which Sentence Credits May Be Earned
13
Restoration of Rights. Restoration of Rights – Virginia.gov
14
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
15
Virginia Sentencing Commission. Sealing of Criminal Records in Virginia
16
Virginia Code Commission. Virginia Code 19.2-392.15 – Prohibited Practices by Employers and Educational Institutions