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Whether or not you have previously appeared in court for a criminal allegation, being charged with a crime is an immensely stressful experience. Even misdemeanor convictions can have serious repercussions in your personal and professional life, and any felony offense could land you in prison if you are dealt a guilty verdict.

If you want to effectively defend your rights and contest the accusations, you will need help from an experienced attorney. Once retained, a qualified Richmond criminal defense lawyer could help you understand the specific charges you are facing, work to collect evidence supporting your argument, and relentlessly pursue a favorable end result on your behalf.

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Regardless of what classification it falls under according to state law, any criminal charge should be taken seriously, as they can all lead to significant consequences upon conviction. Experienced criminal defense lawyers are familiar with how prosecutors in Richmond pursue various types of common crimes of opportunity. Once retained, a lawyer could provide critical help fighting accusations of petit larceny, shoplifting, reckless driving, trespassing, simple assault, DUI, and more.

Assistance from legal counsel can also be important when it comes to fighting drug-related charges, especially when those charges allege drug distribution and/or trafficking. Even though marijuana possession has been decriminalized in Virginia, a conviction for possession of various other controlled substances could still result in severe criminal repercussions. Getting help from a seasoned legal professional should be a priority for anyone who wants to effectively contest a drug possession offense.

Classifications of Criminal Offenses in Richmond

Virginia state law categorizes most criminal offenses as either felonies or misdemeanors, with felonies being more severe offenses that are punishable by longer sentences of imprisonment and more significant fines. Certain “special” offenses are classified separately from this binary system and may have varying penalties based on the circumstances, which a local criminal defense attorney could clarify if necessary.

The Four Classes of Misdemeanor Offenses

There are four classes of misdemeanors under Virginia law, all of which can be punishable with fines, but only two of which can result in jail time. As per Code of Virginia §18.2-11, the maximum allowable punishments for misdemeanors of various classes in Richmond are as follows:

Class 1 misdemeanors – up to 12 months in jail and/or a fine of up to $2,500
Class 2 misdemeanors – up to six months in jail and/or a fine of up to $1,000
Class 3 misdemeanors – a fine of up to $500
Class 4 misdemeanors – a fine of up to $250

Notably, as of July 1st, 2020, possession of less than an ounce of marijuana for personal use is no longer a misdemeanor offense, but rather a civil violation punishable by a fine of no more than $25. This change went into effect after Governor Ralph Northam signed Senate Bill 2 and House Bill 972 into law in May of 2020.

The Six Classes of Felony Offenses

State law establishes six classes of felony offenses, with a range of potential punishments depending on the nature of the offense. Under Code of Virginia §18.2-10, the following sentences may be levied against someone convicted of a particular type of felony in Richmond:

Class 1 felonies – life imprisonment, or death (death is not considered if the defendant is under the age of 18 or is “intellectually disabled” based on the definition set by Code of Virginia §19.2-264.3:1.1)
Class 2 felonies – imprisonment for no less than 20 years, and up to life
Class 3 felonies – imprisonment for between five and 20 years
Class 4 felonies – imprisonment for between two and 10 years
Class 5 felonies – imprisonment for between one and 10 years, or—at the discretion of the court—a maximum of 12 months in jail
Class 6 felonies – imprisonment for between one and five years, or—at the discretion of the court—a maximum of 12 months in jail

In addition, Class 5 and 6 felonies can come with fines of up to $2,500, while felonies of higher classes can be punished by up to $100,000 in fines at the discretion of the court.

Contact a Richmond Criminal Defense Attorney Today

When it comes to combatting criminal prosecution in Richmond courts, there is no substitute for experience. No matter how innocuous your charge may seem or how much you have read up on the law beforehand, defendants who do not have skilled legal representation usually have a hard time avoiding conviction or mitigating the penalties they might face.

If you need help with any kind of criminal matter, a call to a Richmond criminal defense lawyer should be your first priority. Get in touch today to discuss your legal options and get started on your case defense.

Our Attorneys

Michael Lee

Karin Porter