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What's the difference between a felony and a misdemeanor?
Va. Code § 18.2-8 says “offenses are either felonies or misdemeanors. Such offenses as are punishable with confinement in a state correctional facility are felonies; all other offenses are misdemeanors. Traffic infractions are violations of public order and not deemed to be criminal in nature.”
Felony offenses often carry punishments of a year or more in prison. A person in Virginia convicted of a felony cannot vote, own a firearm, or hold public office. There is also the stigmatism of being declared a felon. Any job that runs a criminal background check will see the felony conviction on your record. They won't see any facts of the case or issues the government had in prosecuting the case. If, for instance, you're convicted of burglary, the record will only say the charge, the date you were convicted, and what jurisdiction it occurred in.
Misdemeanor offenses carry a lighter punishment range but also appear on your criminal record. The maximum punishment for the most serious misdemeanor is up to 12 months in jail and up to a $2,500 fine.
Both of these types of offenses can include probation, restitution, and other punishments determined by the court or the Commonwealth. Both types of offenses are broken down into sub-categories that limit the maximum punishment possible. Regardless of the type of offense, criminal charges carry serious punishments, including a possible loss of your liberty. Set up an appointment with Mr. Tyler Bezilla to speak with an experienced Criminal Defense Attorney.
Felony Categories:
Under Va. Code § 18.2-10, Felony offenses are broken into 6 categories:
- 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 (§1-186 et seq.) of Title 53.1, or (iii) conditional release pursuant to § 53.1-40.01 or 53.1-40.02.
- 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.
- For Class 3 felonies, a term of imprisonment of not less than 5 years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
- For Class 4 felonies, a term of imprisonment of not less than 2 years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.
- For Class 5 felonies, a term of imprisonment of not less than 1 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.
- For Class 6 felonies, a term of imprisonment of not less than 1 year nor more than 5 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.
The lowest category of felony, a class 6, can carry a punishment of up to 5 years in prison. And the highest, a class 1, carries a punishment of life in prison. Any felony can change your life forever. You can lose your liberty, lose your rights, and be stigmatized for life. You can be placed on probation for years at a time or given a fine costing thousands of dollars. Do not take chances if you're charged with these types of crimes. Call today to speak with an experienced Felony Criminal Defense Lawyer.
Misdemeanor Categories:
Under Va. Code § 18.2-11, Misdemeanor offenses are broken down into 4 categories:
- For Class 1 misdemeanors, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
- For Class 2 misdemeanors, confinement in jail for not more than 6 months and a fine of not more than $1,000, either or both.
- For Class 3 misdemeanors, a fine of not more than $500.
- For Class 4 misdemeanors, a fine of not more than $250.
Misdemeanors appear on your criminal record. If someone is running a background check on you, this can lead to tough questions in job interviews. Class 1 misdemeanors include things such as: DUI, Assault and Battery, Theft charges, Obstruction charges, etc.
Even if misdemeanors carry a lower punishment than felony offenses, they are serious. Being deprived of your liberty for 12 months can alter your life forever. In addition to the penalties above, you can, depending on the charge, be placed on probation, lose your license, be subject to restitution, and other punishments the court may impose. Take these charges seriously by hiring an experienced Criminal Defense Attorney. Call Mr. Tyler Bezilla today for a free consultation.
How do I defend myself from these charges?
Every case is unique. There can be factual defenses available, if the government didn't collect enough evidence to meet their burden. Or if the government relies on evidence that shouldn't be trusted. There can also be legal defenses. Sometimes the police conduct a search that's impermissible. Sometimes the government charges the wrong thing. The criminal code in Virginia is based on the common law of our country. These offenses, misdemeanor and felony, have existed for over a century. In that time, countless legal and factual defenses have been used to vindicate people who are wrongly charged. It can sometimes be tempting, since everyone's seen a crime show on TV, to browse Google and see what your defenses are. But if you're charged with a crime, you need to consult a professional. Call Mr. Tyler Bezilla today to speak with an experienced Criminal Defense Attorney.