Since there are so many potential consequences you can face even after serving a sentence for a misdemeanor or felony, it is best to hire an attorney immediately after your arrest to protect your future.
Breaking the law or committing a crime will likely result in criminal punishment. Depending on the type of crime committed, it may result in misdemeanor or felony charges. Misdemeanors are usually charged for less serious crimes, though some crimes that are often misdemeanors may be upgraded to felony charges depending on the circumstances.
It isn’t a valid excuse to say you didn’t know about the law you broke. Even if you did not know an action was illegal, you can still be punished for the crime committed. Every person should be aware of what is and isn’t legal to avoid these scenarios.
If you are facing criminal charges, you should immediately hire an attorney with experience in criminal defense to protect your legal rights. You should also understand the charges and the difference between a felony and a misdemeanor.
What Is a Misdemeanor?
Misdemeanors are usually for non-violent criminal acts such as shoplifting, though charges may be imposed as a misdemeanor for certain crimes if it is a first offense, such as first offenders for drug possession. Generally, misdemeanor charges will carry a potential jail term of no more than one year.
In addition, misdemeanors are further categorized into classes. In Virginia, a Class 1 misdemeanor charge will cap fines at $2,500 and jail time of up to 12 months. A Class 2 misdemeanor results in up to 6 months in jail and a potential fine of up to $1,000. For a Class 3 misdemeanor, confinement in jail is not part of the punishment, though a maximum fine of $500 may be imposed. Class 4 misdemeanors are the least serious punishments with fines capped at $250 and no jail time.
Virginia’s laws also stipulate unclassified misdemeanor offenses with no punishment or maximum punishment by statute, requiring them to be charged as a Class 1 misdemeanor. While a misdemeanor charge is less serious than a felony charge, it will still go on your criminal record and may result in a wide array of consequences in the future.
What Is a Felony?
A felony is a charge for more serious crimes that include aggravated assault, murder, sexual assault, and domestic violence. In Virginia, there are six classes of felonies:
Class 1 Felony
Class 1 felonies are the most serious, punishable by life in prison and a fine of up to $100,000. Anyone who is 18 years old when convicted of a Class 1 felony will be given life in prison without the possibility of parole and will not be eligible for conditional release. Some states issue capital punishment for Class 1 felonies, though as of 2021, Virginia no longer permits the death penalty for these types of crimes.
Class 2 Felony
Prosecutors may also seek a Class 2 felony charge for the crime, which would put you in prison for 20 years to life. There may also be a fine of up to $100,000 for your crimes.
Class 3 Felony
A Class 3 felony charge in Virginia will result in prison time of 5 to 20 years. You will also face fines up to $100,000.
Class 4 Felony
With a Class 4 felony, you will face imprisonment for 2 to 10 years with the potential for your fine to be up to $100,000.
Class 5 Felony
A Class 5 felony in Virginia requires a minimum prison sentence of 1 year to 10 years. However, the judge could also put you in jail for up to 12 months. You may also be made to pay a fine up to $2,500.
Class 6 Felony
A Class 6 felony may be the least serious of all felony charges, though it is still a much more serious charge than a misdemeanor. For a Class 6 felony in Virginia, you may be sent to prison for one to 5 years, or the judge may issue your sentence to be served in jail for up to 12 months. Fines for a Class 6 felony are capped at $2,500.
Understanding the Difference Between Jail and Prison
When you are arrested for a crime, you may wonder about the difference between jail and prison. You will be locked up in these institutions and your freedom will be severely restricted, though there are key differences between them.
Jails are commonly operated locally, and they tend to be reserved for those who are awaiting trial, final sentencing, or who are serving a sentence issued at a maximum of 12 months. As for prisons, some are run by the state while others are run by the federal government. A person sentenced to a state prison will be sent there for a period over one year for breaking state laws. Meanwhile, someone who has broken federal laws will be sent to a federal prison.
Other Consequences for Being Convicted of a Crime in Virginia
Serving time in jail or prison, having to pay hefty fines, and serving probation, community service, or attending alcohol and drug programs may seem like enough of a punishment. However, there are consequences that can impact other areas of your life if you are convicted of any type of crime. If you are found guilty of breaking the law, you will have a criminal record, which will be discovered in background checks conducted by employers. For careers that require licensing, you may lose your professional license and be forbidden to work in your chosen field again.
If your conviction was for a felony charge, you will lose your right to vote, your right to bear arms, and your right to run for any position in public office. You may be denied your application for apartment rentals, and you may face scrutiny or derision from your neighbors, friends, and family.
Since there are so many potential consequences you can face even after serving a sentence for a misdemeanor or felony, it is best to hire an attorney immediately after your arrest to protect your future.
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