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, Minnesota, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska, North Carolina, Ohio, Michigan, Massachusetts, Missouri, Nebraska, Vermont, West Virginia, Nevada, Montana, Idaho, New Hampshire, Rhode Island, Colorado, Pennsylvania, Illinois, Connecticut.
