What is the Penalty for a Class 5 Felony in Virginia?
Crimes that fall within this category of felony offense include extortion, involuntary manslaughter, and battery charge. These are often considered as “wobbler” crimes in Virginia, which could be charged as a misdemeanor or a felony offense, depending on the condition and severity of the crime. A felony conviction could end up in a prison sentence of 1 to 10 years and a fine of $2,500, not more than that.
“ (e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both. “ – § 18.2-10. The Code of Virginia
A Class 5 felony is a very severe crime in Virginia, however, it is covered in one of the lowest classification of felonies making it possible in some of the states to avoid imprisonment. Class 5 crimes are also known as wobblers’ crime in Virginia because they can be penalized as either misdemeanors or felonies depending on the particular condition of the crime. Having a felony charge reduced to a misdemeanor charge can make a big difference for an offender because it is easier to eradicate or set aside a misdemeanor offense conviction as opposed to a felony offense conviction.
This sort of felony class differs in most of the states. Some states don’t even have a Class 5 felony. Fines can get doubled along with jail time terms depending on the state of residence.
Anyone should keep in mind that any kind of felony conviction has very severe penalties. If proven guilty of a felony charge, it will result in you losing your significant rights such as carry a firearm, vote, etc.; qualify for any federal or state loans like student loans and home loans; restrict your freedom to move or travel unless you clear it with your probation officer, bar you from certain employment, among many other penalties, in addition to the possibility of jail time and court costs/fines, probably driver’s license suspension, and also prevent you from obtaining firm licenses issued by state agencies.
In Virginia, a felony offense is generally defined as a very serious crime, usually punishable by jail for more than a year or even by death. Accordingly, the level of the offense is fixed by the penalty, and a Class 5 felonies is a much serious offense than a person think. People usually think that class 5 and 6 felonies are near to Misdemeanor offenses and so are their outcomes but it isn’t like that. When it is about a felony conviction, it can always lead you to very severe penalties. The punishment for the Class 5 felonies is a period of jail of not less than a year nor more than 10 years, or in the option of the judge, or the court trying the case without a jury, imprisonment in jail for not more than 12 months and a fine of not more than $2,500, either or both.