Virginia sorts felonies into six numbered classes under Virginia Code § 18.2-10, with Class 1 carrying mandatory life in prison and Class 6 carrying as little as 12 months in a local jail.1Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty The class attached to a charge sets the maximum prison term, the maximum fine, and whether a judge has the option to send the defendant to jail instead of prison. A smaller group of serious crimes sits outside the numbered system entirely and is punished under its own statute.
The Six Felony Classes at a Glance
- Class 1 — Mandatory life in prison with no parole; fine up to $100,000. Example: aggravated murder.
- Class 2 — 20 years to life; fine up to $100,000. Example: first-degree murder.
- Class 3 — 5 to 20 years; fine up to $100,000. Example: malicious wounding.
- Class 4 — 2 to 10 years; fine up to $100,000. Example: burning an unoccupied dwelling.
- Class 5 — 1 to 10 years in prison, or up to 12 months in jail and a fine up to $2,500. Example: involuntary manslaughter.
- Class 6 — 1 to 5 years in prison, or up to 12 months in jail and a fine up to $2,500. Example: possession of a firearm by a convicted felon.
Class 1 Felonies
Class 1 is the most serious criminal charge in Virginia. Conviction carries mandatory life in prison with no possibility of parole, good-conduct credit, or conditional release, plus a possible fine of up to $100,000. Before 2021, a Class 1 conviction could result in the death penalty, but the General Assembly abolished capital punishment that year.2Virginia General Assembly. HB 2263 Death Penalty; Abolition of Current Penalty
The main Class 1 offense is aggravated murder under Virginia Code § 18.2-31, which lists specific circumstances that elevate a premeditated killing to this level: murder during a robbery, abduction, or rape; murder for hire; killing a law-enforcement officer to interfere with their duties; and killing more than one person in the same incident or within a three-year period, among others.3Virginia Code Commission. Virginia Code 18.2-31 – Aggravated Murder Defined; Punishment An intentional killing that doesn’t match one of those scenarios falls into a lower class.
Class 2 Felonies
A Class 2 felony carries 20 years to life in prison plus a potential fine of up to $100,000. The 20-year floor means even the most favorable sentence results in decades behind bars.
First-degree murder is the most common Class 2 charge. Under § 18.2-32, it covers a premeditated killing that doesn’t meet the aggravating factors in § 18.2-31, along with killings by poison, lying in wait, starvation, or during the commission of arson, rape, robbery, burglary, or abduction.4Virginia Code Commission. Virginia Code 18.2-32 – First and Second Degree Murder Defined The line between a Class 1 and Class 2 murder charge often comes down to whether one of the specific § 18.2-31 circumstances is present.
Class 3 Felonies
Class 3 offenses carry 5 to 20 years in prison and a fine of up to $100,000. These generally involve serious violence that stops short of killing.
Malicious wounding under § 18.2-51 is a common Class 3 charge, applying when someone shoots, stabs, cuts, or otherwise wounds another person with intent to maim, disfigure, disable, or kill. A more extreme version, aggravated malicious wounding under § 18.2-51.2, becomes a Class 2 felony when the victim suffers permanent and significant physical impairment.
Class 4 Felonies
Class 4 felonies are punishable by 2 to 10 years in prison and a fine of up to $100,000. This tier covers conduct involving weapons or fire that creates serious risk of death or injury.
Burning an unoccupied dwelling is a Class 4 felony under § 18.2-77; the same statute makes burning an occupied dwelling a Class 3 felony, so whether someone was inside at the time controls the charge.5Virginia Code Commission. Virginia Code 18.2-77 – Burning or Destroying Dwelling House, Etc. Maliciously shooting into an occupied building is also a Class 4 felony under § 18.2-279, but if the shooting was unlawful rather than malicious, the charge drops to a Class 6 felony.6Virginia Code Commission. Virginia Code 18.2-279 – Discharging Firearms or Missiles Within or at Building That distinction between malicious and merely unlawful intent is one of the biggest variables in how these cases get charged.
Class 5 and Class 6 Felonies
Classes 5 and 6 are Virginia’s lowest felony tiers, and they work differently from the four above. The court or jury can choose between prison time and local jail time, making these offenses what practitioners call “wobblers.” That jail option drives intense plea negotiations.
A Class 5 felony carries 1 to 10 years in prison, or alternatively up to 12 months in jail and a fine of up to $2,500, or both. Involuntary manslaughter is a common Class 5 charge, covering reckless or unlawful conduct that causes someone’s death without specific intent to kill.7Virginia Code Commission. Virginia Code 18.2-36 – How Involuntary Manslaughter Punished
A Class 6 felony carries 1 to 5 years in prison, or up to 12 months in jail and a fine of up to $2,500, or both. A convicted felon who possesses or transports a firearm in violation of § 18.2-308.2 faces a Class 6 charge, though mandatory minimums of two or five years apply depending on the nature of the prior conviction.8Justia Law. Virginia Code 18.2-308.2 – Possession or Transportation of Firearms by Convicted Felons
The practical difference between the prison and jail tracks matters. Prison means a state correctional facility and years-long time. Jail means a local facility capped at 12 months. Defense arguments in these cases often focus on steering the court toward the jail option to avoid the long-term consequences of a state prison sentence.
Unclassified Felonies
Not every felony fits the Class 1-through-6 framework. Some statutes define a crime as a felony and set out their own sentencing range without assigning a numbered class. Virginia Code § 18.2-14 directs that these offenses are punished according to the specific statute.9Virginia Code Commission. Virginia Code 18.2-14 – How Unclassified Offenses Punished
Grand larceny under § 18.2-95 is a familiar example. Stealing property worth $1,000 or more (or $5 or more directly from a person, or any firearm regardless of value) carries 1 to 20 years in prison, or at the court’s discretion, up to 12 months in jail and a fine of up to $2,500.10Virginia Code Commission. Virginia Code 18.2-95 – Grand Larceny Defined; How Punished That 20-year ceiling is well above a Class 6 maximum, so if your charge is unclassified, the specific statute controls — not the general class chart.
How Much Time You Actually Serve
The statutory ranges set outer limits, not actual sentences. Virginia judges work from discretionary sentencing guidelines developed by the Virginia Criminal Sentencing Commission, which calculate a recommended range based on the offense and the defendant’s criminal history.11Virginia Code Commission. Virginia Code Title 17.1 Chapter 8 – Virginia Criminal Sentencing Commission Judges don’t have to follow them, but they must document any departure, and most sentences land inside the recommended window.
Virginia also abolished traditional parole for felonies committed on or after January 1, 1995. In its place is an earned sentence credit system under § 53.1-202.3. At the most favorable level (Level I), an inmate earns 15 days of credit for every 30 days served, roughly cutting the imposed sentence in half. Level II earns 7.5 days per 30, Level III earns 3.5 days per 30, and Level IV earns nothing.12Virginia Code Commission. Virginia Code 53.1-202.3 – Rate at Which Sentence Credits May Be Earned Certain violent and serious offenses are capped at 4.5 days of credit per 30 days served, meaning those inmates serve at least 85% of their sentence. Credit level depends on program participation and behavior while incarcerated.
What a Felony Conviction Costs Beyond Prison
Anyone convicted of a felony in Virginia automatically loses the right to vote, serve on a jury, run for office, become a notary public, and possess a firearm. These losses happen by operation of law the moment the conviction is entered.13Virginia.gov. Restoration of Rights Process
Firearms carry a double layer of restriction. Federal law under 18 U.S.C. § 922(g) permanently bars anyone convicted of a felony from possessing firearms or ammunition. Virginia’s parallel ban under § 18.2-308.2 is itself a Class 6 felony, with mandatory minimums of two to five years depending on the prior conviction, and those minimums run consecutively with any other sentence rather than at the same time.
For noncitizens, the stakes are higher still. Many Virginia felonies qualify as “aggravated felonies” under federal immigration law, which creates a permanent bar to naturalization and often triggers deportation. The qualifying list is broad and includes crimes of violence with a sentence of at least one year, theft offenses with a sentence of at least one year, drug trafficking, and fraud involving more than $10,000.14U.S. Citizenship and Immigration Services. Permanent Bars to Good Moral Character Because Virginia’s Class 5 and 6 felonies can carry prison sentences of one year or more, even lower-tier convictions can set off these immigration consequences.
Getting Your Rights Back
Virginia’s Constitution gives the Governor sole discretion to restore civil rights to people with felony convictions. The process isn’t automatic. Once you are no longer incarcerated, you can submit a request through the Secretary of the Commonwealth’s website; the office reviews your record with state agencies before making a recommendation to the Governor. If approved, the Governor issues a personalized restoration order covering voting, jury service, running for office, and notary eligibility.
Firearm rights are separate. The Governor’s civil-rights restoration does not include firearms. After receiving the Governor’s order, you have to petition the circuit court in the jurisdiction where you live or where you were convicted, and the court decides whether to restore the right to possess firearms.15Virginia State Police. Restoration of Firearm Rights Federal restrictions under § 922(g) can still apply even after state restoration, so both layers need to be addressed.
Expungement is narrower than many people assume. Virginia’s statute, § 19.2-392.2, mainly covers charges that didn’t result in a conviction, such as dismissed or acquitted cases. Expungement of an actual felony conviction is generally limited to an absolute pardon for a crime the person did not commit or a conviction vacated by a court.16Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records (Effective July 1, 2026) For most people with a felony on their record, the practical path forward is rights restoration through the Governor, not erasure of the conviction itself.