Criminal penalties in Virginia
Checked in October 2026 against the Code of Virginia.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How Virginia sets penalties
- Virginia sorts felonies into Classes 1 to 6 (§ 18.2-10). Class 1 is life with no parole. Class 2 is life or at least 20 years. 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. For Classes 5 and 6 the court may choose up to 12 months in jail and a fine instead of prison.
- Many Virginia offences set their own term instead of a class, such as robbery of an occupied dwelling, or rape (life or at least 5 years). Those are shown with the statute.
- Misdemeanors run from Class 1 (up to 12 months in jail and a fine of up to $2,500) to Class 4 (a fine of up to $250) (§ 18.2-11).
- Virginia has sentencing guidelines that judges consult, but the statutory ranges shown here are what the law allows.
Death penalty: Virginia has no death penalty in its law today. Aggravated murder, the most serious killing, is a Class 1 felony, and the only sentence for a Class 1 felony is life imprisonment (§ 18.2-10).
First-degree murder
20 years to life (first degree); life with no parole (aggravated murder)
Murder in the first degree (Class 2 felony)
- Least
- 20 years
- Most
- Life
- Fine
- Fine of up to $100,000
Includes a willful, deliberate and premeditated killing, and a killing in the course of arson, rape, robbery, burglary or abduction.
Aggravated murder (capital murder) (Class 1 felony)
- Least
- Life
- Most
- Life imprisonment, with no parole
- Fine
- Fine of up to $100,000
Covers the most serious killings, such as a premeditated killing of a law-enforcement officer, a killing for hire, or a killing in the course of abduction for money. A person who was 18 or older receives life with no parole.
Second-degree murder
5 to 40 years
Murder in the second degree (Felony (term set by the statute))
- Least
- 5 years
- Most
- 40 years
Voluntary manslaughter
1 to 10 years, or up to 12 months in jail
Voluntary manslaughter (Class 5 felony)
- Least
- 1 year in prison, or no prison term if the court chooses jail instead
- Most
- 10 years, or up to 12 months in jail and a fine of up to $2,500
Robbery
1 to 5 years (threat only) up to 20 years to life (serious injury or death)
Robbery by threat or intimidation, with no deadly weapon (Class 6 felony)
- Least
- 1 year in prison, or no prison term if the court chooses jail instead
- Most
- 5 years, or up to 12 months in jail and a fine of up to $2,500
Robbery by physical force, or by displaying a deadly weapon other than a firearm (Class 5 felony)
- Least
- 1 year in prison, or no prison term if the court chooses jail instead
- Most
- 10 years, or up to 12 months in jail and a fine of up to $2,500
Robbery by using or displaying a firearm (Class 3 felony)
- Least
- 5 years
- Most
- 20 years
- Fine
- Fine of up to $100,000
Robbery causing serious bodily injury or death (Class 2 felony)
- Least
- 20 years
- Most
- Life
- Fine
- Fine of up to $100,000
Virginia grades robbery by the means used, not by degrees.
Burglary
1 to 20 years, or up to 12 months in jail (statutory burglary) up to 20 years to life (armed)
Statutory burglary (entering with intent to commit larceny or another felony) (Felony (term set by the statute))
- Least
- 1 year in prison, or no prison term if the court chooses jail instead
- Most
- 20 years, or up to 12 months in jail and a fine of up to $2,500
If the person was armed with a deadly weapon, it is a Class 2 felony.
Burglary (breaking and entering a dwelling at night with intent to commit a felony or any larceny) (Class 3 felony)
- Least
- 5 years
- Most
- 20 years
- Fine
- Fine of up to $100,000
Section 18.2-90, entering a dwelling or other building with intent to commit murder, rape, robbery or arson, carries the same Class 3 grade. If the person was armed with a deadly weapon, both are Class 2 felonies.
Arson
2 to 10 years (unoccupied building) up to life (an occupied dwelling)
Arson of an unoccupied building (Class 4 felony)
- Least
- 2 years
- Most
- 10 years
- Fine
- Fine of up to $100,000
Burning a public building while people are inside (Class 3 felony)
- Least
- 5 years
- Most
- 20 years
- Fine
- Fine of up to $100,000
Arson of a dwelling house or other occupied place (Felony (term set by the statute))
- Least
- 5 years
- Most
- Life
- Fine
- Fine of up to $100,000
Aggravated assault
1 to 5 years (unlawful wounding) up to 20 years to life (aggravated malicious wounding)
Unlawful wounding (without malice, with intent to maim, disfigure, disable or kill) (Class 6 felony)
- Least
- 1 year in prison, or no prison term if the court chooses jail instead
- Most
- 5 years, or up to 12 months in jail and a fine of up to $2,500
Malicious wounding (Class 3 felony)
- Least
- 5 years
- Most
- 20 years
- Fine
- Fine of up to $100,000
Aggravated malicious wounding (the victim is severely injured and suffers permanent and significant physical impairment) (Class 2 felony)
- Least
- 20 years
- Most
- Life
- Fine
- Fine of up to $100,000
Virginia calls these 'unlawful wounding', 'malicious wounding' and 'aggravated malicious wounding' (§§ 18.2-51 and 18.2-51.2).
Rape and sexual assault
5 years to life
Rape (Felony (term set by the statute))
- Least
- 5 years
- Most
- Life
- Fine
- Fine of up to $100,000
If the offender was 18 or older and the victim was under 13, the sentence includes a mandatory minimum term of life.
Kidnapping
1 to 10 years, or jail (abduction) up to 20 years to life (abduction for gain, or of a minor)
Abduction (Class 5 felony)
- Least
- 1 year in prison, or no prison term if the court chooses jail instead
- Most
- 10 years, or up to 12 months in jail and a fine of up to $2,500
Abduction for which no other punishment is prescribed.
Abduction of a minor (Class 2 felony)
- Least
- 20 years
- Most
- Life
- Fine
- Fine of up to $100,000
Abduction of a minor is punished as a Class 2 felony, with exceptions in § 18.2-47(D).
Abduction for ransom or pecuniary benefit, or with intent to defile (Class 2 felony)
- Least
- 20 years
- Most
- Life
- Fine
- Fine of up to $100,000
Embezzlement
Up to 12 months in jail (petit larceny) up to 1 to 20 years (grand larceny)
Petit larceny (embezzlement of a smaller amount) (Class 1 misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 12 months in jail
- Fine
- Fine of up to $2,500
Grand larceny (embezzlement of a larger amount) (Felony (term set by the statute))
- Least
- 1 year in prison, or no prison term if the court chooses jail instead
- Most
- 20 years, or up to 12 months in jail and a fine of up to $2,500
Virginia deems embezzlement to be larceny and punishes it as larceny (§ 18.2-111). The grade depends on the value taken.
Forgery
1 to 10 years, or up to 12 months in jail
Forgery of a writing (Class 5 felony)
- Least
- 1 year in prison, or no prison term if the court chooses jail instead
- Most
- 10 years, or up to 12 months in jail and a fine of up to $2,500
Drunk driving, first offence
Up to 12 months in jail, a fine of at least $250, and higher minimums at higher alcohol levels
Driving under the influence, first offence (Class 1 misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 12 months in jail
- Fine
- Mandatory minimum fine of $250; up to $2,500
Higher alcohol concentrations carry mandatory minimum jail terms. A licence suspension also follows.
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Washington, Maryland.
