Criminal Defense Lawyer in Virginia Beach

Are you looking for a criminal defense attorney in Virginia Beach?

If so, Attorney Matthew Barbero is a criminal defense lawyer in Virginia Beach who handles both misdemeanors and felonies. This section here is dealing exclusively with criminal felonies.

You might be wondering the possible punishments for felonies in Virginia? 

Generally, most felonies will fall within 6 classes of felonies. VA Code § 18.2-10 outlines the punishment for convictions of the different classes of felonies.

“The authorized punishments for conviction of a felony are:

(a) For Class 1 felonies, imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. Any person who was 18 years of age or older at the time of the offense and who is sentenced to imprisonment for life upon conviction of a Class 1 felony shall not be eligible for (i) parole, (ii) any good conduct allowance or any earned sentence credits under Chapter 6 (§ 53.1-186 et seq.) of Title 53.1, or (iii) conditional release pursuant to § 53.1-40.01 or 53.1-40.02.

(b) For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000.

(c) For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000.

(d) For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.

(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.” 

Looking above you can see that the class 1 felony is the most severe and the class 6 felony is the least severe. Please also note that Virginia has some uncategorized felonies, also known as class U felonies that do not fall into any of the above six classes of felonies. The class U felonies each carry different maximum punishments, so if you are charged with a class U felony make sure to ask your lawyer the maximum for your specific class U felony.

 If you are reading this right now and you are charged with a class 6 felony you might be thinking to yourself something like, “I am only charged with the least serious felony, so that’s not a big deal” and if that’s the case that’s not really a good way to think about it. Why do I say that? I say that because ALL felonies in Virginia are severe. Please also note that you still face up to 5 years in prison if convicted of a class 6 felony. Regardless of the class of felony, you will still have to answer on job applications that you were convicted of a felony if that’s a question they ask you (and they almost always do). Also, all felony convictions will show up on background checks for jobs. If convicted of any felony then you will lose your civil rights (until or unless you later get them restored) and you will also lose your firearm rights (until or unless you get them restored). There are also many other consequences of felony convictions that I have not included here. I do not say any of this to scare you, I simply say it to make the point that all felony convictions in Virginia are serious. Moreover, if you are  convicted of any felony then you are a felon for life. The felony conviction will always stay on your criminal record. The felony conviction is not expungable. The felony conviction does not fall off your record. The felony conviction is not sealed from your record. Please note there are always some very limited exceptions to everything that I said above, one exception being if the governor pardons you.