Can You Go to Jail for a Misdemeanor in Virginia?
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.