Virginia traffic offenses can be simple traffic infractions, punishable by fines, or crimes, punished with fines, jail, and driver’s license suspension.

Virginia traffic infractions are punished with fines.  Va. Code §46.2-100 states that all traffic infractions will be punished with a fine of up to $250, unless stated otherwise or classified as a crime.  Additionally, a conviction for a Virginia traffic infraction in Virginia can add points to your driver’s license, increase auto insurance rates, and potentially lead to driver’s license suspension.

A conviction for most Virginia traffic infractions will be punished with DMV demerit points in addition to any court-ordered fine.  The DMV-not the court- will add points to the offender’s driving record.   These points remain on an offender’s driving record for years.  The amount of time the points remain on a driving record varies with the severity of the charge.

DMV points need to be taken seriously in Virginia.  The DMV will suspend a driver’s license in Virginia for rapid point accumulation in a short period of time.

Additionally, the penalty for certain Virginia traffic infractions could include suspension of your drivers license.  After being convicted of a crime resulting in drivers license suspension, one can apply for a restricted license.  However, not everyone will be eligible for a restricted license, the restriction is very limited, and any violation of the restriction will likely result in jail time.

Virginia Traffic Offenses: Crimes

Some offenses might appear to be traffic infractions, because they occurred in a vehicle or while driving, but they are actually crimes. punished with jail, fines, and driver’s license suspension.  These crimes include:

• Reckless driving (Va. Code §46.2-852)
• Reckless driving by Speed (Va. Code §46.2-862)
• Racing (Va. Code §46.2-865)
• Aggressive Driving (Va. Code §46.2-868.1)
• Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) (Va. Code §18.2-266)
• Driving without a License (Va. Code §46.2-300)
• Driving on a Suspended License (Va. Code §46.2-301)
• Driving on a Revoked License (Va. Code §18.2-272)
• Hit and Run (Va. Code §46.2-894 Va. Code §46.2-896) and
• Eluding Police (Va. Code §46.2-817)

Police officers issue these citations, and it is important to consult an experienced Virginia lawyer to ensure that the officers complied with the regulations imposed by governing statutes, and authority.

It is important to contact an experienced Virginia criminal defense attorney if you have received a Virginia alcohol charge.  Even misdemeanor convictions for these types of offenses can have serious impacts on future job and educational opportunities.  Examples of alcohol offenses in Virginia include drunk in public and underage possession of alcohol.

• Drunk in Public: Va. Code §18.2-388 makes it a Class 4 misdemeanor to be intoxicated in public.  For more information on this charge, click here.
• Underage Possession of Alcohol: It is illegal for anyone under 21 to possess alcohol in Virginia.  Va. Code §4.1-305 makes this offense a Class 1 misdemeanor.

Property crimes in Virginia include trespass, destruction of property, arson, and burglary.  

• Trespass charges in Virginia generally result from remaining on property after being told to leave.  They also can result from proper signs on the property forbidding trespassing.  Virginia trespass charges are Class 1 misdemeanors under Va. Code §18.2-119.  Click here for more information on Virginia trespass charges.
• A Virginia destruction of property charge can be a misdemeanor or a felony.  If the damage to the property is less than $1000 the crime is a Class 1 misdemeanor under Va. Code §18.2-137.  If the damage was more than $1000, it becomes a Class 6 felony.  For more information on Virginia Destruction of Property charges, click here.
• Arson charges in Virginia are felonies.  The main arson statute is Va. Code §18.2-77, which criminalizes burning a dwelling house.  This charge is punished by up to life in prison and a fine up to $100,000.  For more information on arson charges in Virginia, click here.
• Burglary in Virginia is the breaking and entering of the dwelling house of another at night with the intent to commit a larceny or felony inside the dwelling.  Burglary is punished with 5-20 years in prison and a fine up to $100,000.  For more information on burglary charges in Virginia, click here.

Theft charges in Virginia need to be taken seriously.  Job opportunities can be lost with even one simple theft conviction.  These charges can also have a serious impact on immigration proceedings.   It is important to contact an experienced Virginia criminal defense attorney immediately to discuss your case and prepare a defense.  

Virginia theft crimes include larceny, embezzlement, credit card offenses, burglary, robbery, and receiving stolen property.  

• Larceny in Virginia can be charged as petty larceny or grand larceny.
  • Va. Code §18.2-96 makes it a Class 1 misdemeanor to take property from another valued up to $200.  Click here for more information on Virginia petty larceny charges.
  • Grand Larceny in Virginia covers property valued at more than $200.  It is punished by imprisonment from 1-20 years.  For more information on grand larceny charges in Virginia, click here.
• Embezzlement charges in Virginia can be misdemeanors or felonies under Va. Code §18.2-111.
• Virginia credit card offenses include credit card theft, credit card fraud, and credit card forgery.
  • Credit Card Theft in Virginia is a felony under Va. Code §18.2-192.  It can be punished with 1-20 years in prison.
  • Credit Card Fraud is a misdemeanor if the value of goods furnished as a result of the fraud was less than $200.  If the value exceeded $200 he will be charged with a felony.
  • Credit Card Forgery in Virginia is a felony.  It is punished with up to 1-10 years in prison.
• Burglary in Virginia is the breaking and entering of the dwelling house of another at night time with the intent to commit a larceny or felony.  Virginia burglary charges are punished with 5-20 years in prison and a fine up to $100,000.
• Receiving stolen property in Virginia is considered larceny of that property.  The offender faces the same punishment as if he actually stole the property.  He will be charged with a Class 1 misdemeanor if the property was valued at less than $200.  If the property was worth more than $200, he will be charged with a felony.  For more information on this charge, click here.

Violent Crimes

Violent crimes in Virginia include assault and battery, domestic assault, malicious wounding, and robbery.  If you have been charged with a violent crime in Virginia, you should contact an experienced Virginia criminal defense attorney as soon as possible.

• Assault charges in Virginia can result from an attempted battery or putting someone in fear of a battery.  A battery in Virginia is any unwanted or offensive touching.  Assault and battery charges are generally Class 1 misdemeanors.  For more information on assault and battery charges in Virginia, click here.
• Domestic assault charges in Virginia contain the same elements of proof for assault charges.  The difference is that domestic assault charges can be brought against anyone who commits an assault against a household or family member.  A “family or household member” for purposes of Virginia’s domestic assault charge is defines in Va. Code §16.1-228.
• An offender can be charged with malicious wounding in Virginia if he commits an assault with the intent to maim disable disfigure, or kill the other person.  Malicious wounding in Virginia is punished with 5-20 years in prison and/or a fine up to $100,000.  Va. Code §18.2-51 makes Virginia malicious wounding charges Class 3 Felonies.
• Robbery in Virginia is the taking of property from another person by violence or intimidation.  Robbery charges in Virginia are punished with 5 years to life in prison.  For more information on Virginia robbery charges, click here.

Drug offenses include possession, distribution, sale/manufacture, and possession of drug paraphernalia. 

• Obstruction of Justice refers to interfering with the performance of the duties of those working in the criminal justice system.  Virginia Obstruction of Justice charges are generally Class 1 misdemeanors under Va. Code §18.2-460.  A Virginia criminal defense attorney can prepare the best possible defense if you are charged with any of the Virginia obstruction of justice offenses.
• Resisting arrest is criminalized under Va. Code §18.2-479.1.  If someone attempts to prevent a police officer from arresting him while that officer is making a lawful arrest, he an receive this charge.    It is punished with up to 12 months in jail and/or a fine up to $2500.

Felonies in Virginia are separated into separate classes, ranging from Class 1 to Class 6, with Class 1 felonies being the most serious. Virginia Code § 18.2-10 authorizes the following punishments for felony convictions.

Class 1 felonies are the most serious criminal offenses in Virginia. The maximum penalties for a Class 1 felony conviction include

• Death (if the person convicted was 18 years of age or older at the time of the offense), or
• Life imprisonment, and
• A fine of up to $100,000.

Examples of Class 1 Felonies in Virginia include

• Capital Murder
• Sexual Abuse of a Child Under 15

The maximum penalties for a Class 2 Felony conviction include

• From 20 years to life imprisonment, and
• A fine of up to $100,000

Examples of Class 2 Felonies in Virginia include

• Committing an Act of Terrorism
• First-Degree Murder
• Aggravated Malicious Wounding
• Abduction to Extort Money
• Burglary with a Deadly Weapon

The maximum penalty for a Class 3 Felony conviction includes

• From 5 years to 20 years imprisonment, and
• A fine of up to $100,000

Examples of Class 3 Felonies in Virginia include

• Attempted Poisoning
• Burglary

The maximum penalty for a Class 4 Felony conviction includes

• From 2 years to 10 years imprisonment, and
• A fine of up to $100,000

Examples of Class 4 Felonies in Virginia include

• Arson of an Unoccupied Building
• Shooting at a Vehicle
• Human Trafficking
• Bigamy
• Child Abuse
• Forging Public Records
• Possession of a Sawed-Off Shotgun

Class 5 felonies can be punished similarly to a misdemeanor. The maximum penalty for a Class 5 Felony conviction includes

• From 1 year to 10 years imprisonment, or
• In the discretion of the jury or court, confinement in jail for not more than 12 months and a fine of up to $2,500.

Examples of Class 5 Felonies in Virginia include

• Voluntary Manslaughter
• Involuntary Manslaughter
• Extortion
• Computer Fraud ($500 or more)
• Soliciting Prostitution of a Minor (Under 16)
• Credit Card Forgery

The maximum penalty for a Class 6 Felony conviction includes

• From 1 year to 5 years imprisonment, or
• In the discretion of the jury or court, confinement in jail for not more than 12 months and a fine of up to $2,500.

Examples of Class 6 Felonies in Virginia include

• Strangulation
• Multiple Domestic Violence
• Soliciting Prostitution of a Minor (16 or Older)
• Credit Card Fraud of $500 or More

• State programs
• Sex Offender Registry
• Permanent criminal record
• Professional licenses
• Scholarships
• Benefits
• Housing
• Voting rights
• Serving on a jury
• Jobs
• Firearm ownership or possession

Expungement is generally not available for someone convicted of a crime in Virginia. Expungement is only available if the charges were dismissed, the defendant was found not guilty, or the Commonwealth withdrew the charges.