Class 5 Felony – First Offense in Virginia

In Virginia, there are six different classes of felony charges. A conviction of a Class 1 felony is the most severe and it has the most serious penalties, whereas, a conviction of a Class 6 felony is the least severe and has the least serious penalties compared to felony 1. All felony charges carry a possibility for a sentence of more than a year in prison. Some of the crimes like assault and aggravated assault, drug charges, hit-and-run charges, possession, maiming or killing animals or fowl, bribery, domestic violence, computer fraud, bribery, larceny, and willful neglect comes under Class 5 felony.

Conviction of class 5 felony is a serious crime according to the code of Virginia, however, it is included in one of the lowermost classification of felony offenses making it possible in some of the states to avoid a jail term. In Virginia, Class 5 Felony crimes are known as “wobblers” because they can be sentenced as either misdemeanors or felonies depending on the particular condition of the crime. Having a felony offense reduced to a misdemeanor can make a very big difference for an offender because it is much easier to remove or set aside a misdemeanor conviction than a felony conviction.

This kind of felony varies in each state differently. In some states there isn’t any felony 5. Fines can be doubled along with jail terms depending on the state of residence.

A person should keep in mind that any sort of felony conviction has very serious consequences. A felony conviction will result in you losing firm rights such as vote, carry a firearm, and etc.; qualify for any state and federal loans like student loans and home loans; bar you from certain job, restrict your freedom to travel or move unless you clear everything with your probation officer first, prevent you from getting such licenses issued by state agencies, among many other things, in addition to the possibility of jail time and court fines, and possible driver’s license suspension too.

A felony offense is generally defined as the most serious crime, usually punishable by jail time for more than a year or even by death. Accordingly, the grade of the offense is fixed by the penalty, and a Class 5 felonies is a much serious offense, although compared to the above 4 classes, it doesn’t have serious outcomes.  The penalty for the Class 5 felonies is a term of jail time of not less than a year nor more than 10 years, or in the option of the jury or the court trying the case without a jury, jail for not more than a year and a fine of $2,500 maximum, either or both.

A criminal defense lawyer can support against likely sentencing enhancement that can be triggered by a multiple of factors. If you have been convicted with distribution which is a 5th class felony offense, don’t risk going to the court without an attorney in Virginia. Contact our law firm today for help and speak with a felony defense lawyer today.  Regardless of whether you have been charged with a class 1 felony or class 6 felony in Virginia, we can always help.