Can You Go to Jail for a Misdemeanor in Virginia?

May 13, 2025

Understanding Misdemeanor Charges in Virginia

In Virginia, a misdemeanor may sound less serious than a felony—but it still carries significant legal consequences. Many people believe a misdemeanor is simply a slap on the wrist. However, depending on the classification of the offense and your criminal history, you can face jail time. At Cheryl Eddy Benn, P.C., we help individuals in Virginia Beach understand their rights and navigate the legal system when facing misdemeanor charges.


Types of Misdemeanors in Virginia


Virginia divides misdemeanors into four classes:


  • Class 1 Misdemeanor: The most serious, punishable by up to 12 months in jail and a $2,500 fine. Examples include DUI, assault and battery, petty larceny, and reckless driving.
  • Class 2 Misdemeanor: Punishable by up to 6 months in jail and a $1,000 fine. Examples include possession of a Schedule IV drug.
  • Class 3 Misdemeanor: No jail time, but fines up to $500. Typically minor offenses such as unintentional property damage.
  • Class 4 Misdemeanor: Fines up to $250, with no jail time. This might include public intoxication or certain traffic infractions.


Jail Time Is Possible—Even for First-Time Offenders


While not every misdemeanor results in jail time, judges have the discretion to impose incarceration, particularly for Class 1 and Class 2 offenses. Your likelihood of jail increases if:


  • The charge is violent or involves repeat behavior.
  • You have a prior criminal record.
  • You violate probation or bail conditions.
  • The offense involved endangering others (such as DUI or reckless driving).


How Cheryl Eddy Benn, P.C. Can Help


Facing a misdemeanor charge can be stressful, especially if you’re unsure what the consequences might be. At Cheryl Eddy Benn, P.C., we offer personalized legal guidance to help you fight the charge, avoid jail time, and protect your record. Whether through negotiating reduced penalties, pursuing dismissal, or mounting a strong defense in court, we serve the Virginia Beach community with skill and dedication.


Don’t Face It Alone


Even if the charge seems minor, a misdemeanor conviction can affect your job, housing, and future opportunities. The best step you can take is to consult a criminal defense attorney who understands local Virginia laws and can advocate for your best outcome.

A man and a woman are sitting in chairs talking to each other.
April 25, 2025
Learn how spousal support is calculated in Virginia. Cheryl Eddy Benn, P.C. helps Virginia Beach residents understand their rights and secure fair support arrangements.
March 19, 2025
Charged with a misdemeanor in Virginia? Learn about the legal penalties and long-term consequences of a conviction—and how Cheryl Eddy Benn, P.C. in Virginia Beach can help defend your rights.
February 27, 2025
A Power of Attorney is crucial for managing your affairs in case of incapacity. Learn why every adult should have one and how Cheryl Eddy Benn, P.C. helps Virginia Beach residents create legally binding POAs.
February 27, 2025
Learn how to prove self-defense in an assault case in Virginia. Cheryl Eddy Benn, P.C. provides legal guidance in Virginia Beach to help individuals build a strong defense when facing assault charges.
February 27, 2025
Protect your inheritance and family assets with a prenuptial agreement in Virginia. Learn how a prenup can safeguard your financial future. Contact Cheryl Eddy Benn, P.C. for legal guidance in Virginia Beach.
A family is posing for a picture in front of a fireplace.
January 22, 2025
Understanding Child Custody Laws in Virginia Beach
December 22, 2024
Understanding the Documents Required for a Prenuptial Agreement in Virginia
November 22, 2024
Understanding the Difference Between Assault and Battery in Virginia
October 22, 2024
What to do after being served with divorce papers in Virginia?
October 21, 2024
What Are the Documents Required to Create a Prenuptial Agreement in Virginia?
More Posts