A Class 5 felony in Virginia is punishable by one to ten years in state prison, or, if the jury or judge chooses the lighter track, up to 12 months in jail and a fine of up to $2,500. That dual-track sentencing is what sets it apart: Class 5 is one of only two Virginia felony classes where the sentencing body can drop the punishment to misdemeanor range, though the conviction itself remains a felony on your record.1Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
Virginia ranks its felonies from Class 1 (life imprisonment) down to Class 6. Class 5 sits second from the bottom, above Class 6 and well below the violent-crime tiers. Only Classes 5 and 6 carry the misdemeanor-punishment option.2Virginia Code Commission. Virginia Code 18.2-9 – Classification of Criminal Offenses
The Two Sentencing Tracks
Virginia Code § 18.2-10 gives the court two options after a Class 5 conviction:
- One to ten years in a state correctional facility, with or without a fine.
- Up to 12 months in a local jail, a fine of up to $2,500, or both.
At the felony tier, a standalone fine is not available. The $2,500-only or jail-only outcome exists only if the sentencing body picks the misdemeanor track.1Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
Who Decides Felony or Misdemeanor Punishment
The statute assigns the choice to “the jury or the court trying the case without a jury.”1Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty In a jury trial the jury recommends the sentence; in a bench trial the judge decides alone. Virginia is one of the few states where juries routinely play this role.
There is no formula for which track gets chosen. A clean prior record, no physical harm to a victim, and strong mitigating facts tend to push toward the misdemeanor range. Prior convictions or facts showing deliberate harm push the other direction. Much of defense strategy in these cases centers on making that case to the judge or jury.
One point causes real confusion: even when the sentence lands on the misdemeanor track, the conviction is still a felony. Getting 12 months in jail and a $2,500 fine does not convert the charge to a misdemeanor on your record. Everything below about civil rights, firearms, employment, and expungement still applies.
Offenses Commonly Charged as Class 5 Felonies
Dozens of Virginia offenses carry Class 5 punishment. A few show up often enough to be worth naming.
Voluntary and Involuntary Manslaughter
Voluntary manslaughter is an intentional killing without premeditation, typically after provocation.3Virginia Code Commission. Virginia Code 18.2-35 – How Voluntary Manslaughter Punished Involuntary manslaughter covers unintentional killings caused by criminal negligence or during an unlawful non-felony act.4Virginia Code Commission. Virginia Code 18.2-36 – How Involuntary Manslaughter Punished Both are Class 5. Juries rarely pick the misdemeanor track when a death is involved.
Extortion
Threatening someone to obtain money, property, or any financial benefit is a Class 5 felony. The statute reaches threats of physical harm, threats to damage reputation, and threats to report a person as being illegally present in the country.5Virginia Code Commission. Virginia Code 18.2-59 – Extortion of Money, Property or Pecuniary Benefit
Computer Fraud
Using a computer to commit fraud becomes a Class 5 felony when the value obtained reaches $1,000 or more. Below that, the same conduct is a Class 1 misdemeanor.6Virginia Code Commission. Virginia Code 18.2-152.3 – Computer Fraud; Penalty
Credit Card Forgery
Forging a credit card, or possessing a forged card with intent to defraud, is a Class 5 felony. There’s no dollar threshold.7Virginia Code Commission. Virginia Code 18.2-193 – Credit Card Forgery
Restitution Is Separate From the Fine
The fine goes to the state. Restitution goes to the victim, and Virginia treats the two as distinct obligations. When a Class 5 felony causes property damage, financial loss, or medical expenses, the court can order restitution as part of sentencing. A defendant generally cannot receive probation or a suspended sentence without either making partial restitution or submitting a feasible repayment plan to the court.8Virginia Code Commission. Virginia Code 19.2-305.1 – Restitution for Property Damage or Loss; Community Service
When both restitution and a fine are ordered, payments collected are applied to restitution first. The victim gets paid before the state does.8Virginia Code Commission. Virginia Code 19.2-305.1 – Restitution for Property Damage or Loss; Community Service
Consequences That Outlast the Sentence
Prison time or a fine is only part of what a conviction costs. The collateral effects often shape daily life more than the sentence itself.
Civil Rights
A felony conviction in Virginia automatically strips the right to vote, serve on a jury, run for public office, and become a notary public. Restoration is not automatic. You must apply to the Governor’s office after completing your term of incarceration, and the Governor has sole discretion to grant it. Firearm rights are specifically excluded from the restoration process.9Virginia Department of the Secretary of the Commonwealth. Restoration of Rights
Firearms
Federal law bars anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition, which sweeps in every Class 5 felony. Virginia has its own parallel ban. Violating the state ban is itself a Class 6 felony, and if the original conviction was for a violent felony, the violation carries a five-year mandatory minimum.10Virginia Code Commission. Virginia Code 18.2-308.2 – Possession or Transportation of Firearms by Convicted Felons; Penalties
Jobs and Housing
Most private employers in Virginia can ask about felony convictions on job applications, and a Class 5 conviction will show up on background checks. Landlords routinely run those checks too, and a felony record can narrow your housing options.
Getting the Record Cleared Is Rarely an Option
Under Virginia’s expungement law as updated effective July 1, 2026, there is no general path to seal a Class 5 felony conviction. Expungement is available only in narrow circumstances: when the conviction has been vacated by the court, or when the Governor grants an absolute pardon based on a finding that you did not commit the crime. In those cases the court orders both police and court records expunged, and no filing fees apply.11Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records
Dismissals and acquittals follow a separate, broader process for clearing the arrest record. But if you were convicted and the conviction stands, the record stays. That’s a large part of why defense work in these cases focuses on avoiding the conviction in the first place rather than trying to clean it up later.
There’s No Deadline for Charging You
Virginia sets no general time limit on prosecuting felonies. The state’s limitations statute, § 19.2-8, imposes deadlines on misdemeanors and a handful of specific offenses, but Class 5 felony charges can be brought at any time after the crime.12Virginia Code Commission. Virginia Code 19.2-8 – Limitation of Prosecutions If you think you may be under investigation for conduct from years ago, the passage of time alone will not shield you.