Virginia sorts felonies into six classes, numbered from Class 1 (the most serious) down to Class 6 (the least), and adds a separate bucket of unclassified felonies whose penalties are set by their own statutes. Prison sentences run from one year all the way to life without parole, and fines reach $100,000 for Classes 1 through 4 and $2,500 for Classes 5 and 6. Every felony conviction in Virginia also costs you the right to vote, serve on a jury, and own a firearm, and because Virginia abolished parole for offenses committed on or after January 1, 1995, the sentence a judge imposes is close to the time actually served.1Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
Class 1 Felonies
Class 1 is the top of the ladder. For anyone 18 or older at the time of the offense, the only available sentence is life in prison without parole, without earned sentence credits, and without conditional release, plus a possible fine of up to $100,000.1Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
The General Assembly abolished the death penalty in 2021, so Class 1 no longer carries execution.2Virginia General Assembly. HB 2263 Death Penalty; Abolition of Current Penalty The class is now reserved for aggravated murder, which the statute defines through specific categories such as the premeditated killing of more than one person, killings during a robbery or abduction, the murder of a law enforcement officer, and the killing of a child under 14 by someone 21 or older.3Virginia Code Commission. Virginia Code 18.2-31 – Aggravated Murder Defined; Punishment
Class 2 Felonies
A Class 2 felony carries 20 years to life in prison and a potential fine of up to $100,000. That 20-year floor means even the most favorable outcome results in decades behind bars.
First-degree murder is the most common Class 2 charge. It covers premeditated killings that fall short of aggravated murder, along with killings committed during arson, rape, robbery, or burglary.4Virginia Code Commission. Virginia Code 18.2-32 – First and Second Degree Murder Defined; Punishment Aggravated malicious wounding also sits here. It applies when someone intentionally shoots, stabs, or injures another person intending to maim or kill and the victim is left with permanent, significant physical impairment.5Virginia Code Commission. Virginia Code 18.2-51.2 – Aggravated Malicious Wounding; Penalty
Class 3 and Class 4 Felonies
Class 3 carries 5 to 20 years in prison and a fine of up to $100,000. Malicious wounding, where someone intentionally injures another with intent to maim, disfigure, or kill but the harm is less catastrophic than aggravated malicious wounding requires, is a typical Class 3 charge.
Class 4 drops the range to 2 to 10 years with the same $100,000 fine cap. Arson of an unoccupied dwelling is one example. If the building is occupied when it burns, the charge moves higher; without occupants, it lands here.6Virginia Code Commission. Virginia Code 18.2-77 – Burning or Destroying Dwelling House
Class 5 and Class 6 Felonies
The two lowest felony classes are sometimes called “wobblers” because the judge or jury can sentence them as either a felony or a misdemeanor. The choice has real consequences. A felony sentence sends you to state prison; the misdemeanor alternative caps confinement at 12 months in a local jail.
Class 5 runs 1 to 10 years if sentenced as a felony, or up to 12 months in jail and a fine of up to $2,500 if sentenced as a misdemeanor. Involuntary manslaughter, causing another person’s death through reckless or negligent conduct without intent to kill, is a Class 5 felony.7Virginia Code Commission. Virginia Code 18.2-36 – How Involuntary Manslaughter Punished
Class 6, the lightest felony Virginia recognizes, carries 1 to 5 years as a felony or the same 12-month, $2,500 misdemeanor alternative. Reckless driving that causes a death while the driver is operating on a suspended or revoked license is one example.8Virginia Code Commission. Virginia Code 46.2-868 – Reckless Driving; Penalties
One caution: even when a wobbler is punished at the misdemeanor level, the conviction itself is still recorded as a felony. That matters for background checks and firearm rights.
Unclassified Felonies
Not every felony fits the six-class framework. Some statutes set their own sentencing ranges, and Virginia law directs that these offenses are punished “according to the punishment prescribed in the section thus defining the offense.”9Virginia Code Commission. Virginia Code 18.2-14 – How Unclassified Offenses Punished
Grand larceny is a common example. Stealing property worth $1,000 or more, any firearm regardless of value, or $5 or more directly from a person carries 1 to 20 years in prison, with an alternative of up to 12 months in jail and a $2,500 fine.10Virginia Code Commission. Virginia Code 18.2-95 – Grand Larceny Defined; How Punished That range doesn’t line up with any single class. Certain drug distribution offenses work the same way, with penalty windows tied to the drug type and quantity.
No Parole in Virginia
Parole does not exist for any felony committed on or after January 1, 1995. The statute is explicit that anyone sentenced for a post-1994 felony “shall not be eligible for parole upon that offense.”11Virginia Code Commission. Virginia Code 53.1-165.1 – Limitation on the Application of Parole Statutes When the General Assembly eliminated parole, it adopted truth-in-sentencing so that the imposed sentence closely tracks time served.
Earned sentence credits can shorten incarceration, but the reduction is modest and accrual rates vary by offense class.12Virginia Code Commission. Virginia Code 53.1-202.3 – Rate at Which Sentence Credits May Be Earned Adults convicted of Class 1 felonies cannot earn any good-conduct credits or conditional release. Sentencing guidelines are advisory. Judges review worksheets that weigh the offense, criminal history, and case specifics, but they retain discretion to sentence above or below the recommended range within the statutory limits.
Consequences That Follow a Felony Conviction
Prison time ends, but a Virginia felony conviction keeps affecting your life long after release. Several civil rights fall away automatically at conviction.
- You lose the right to vote, serve on a jury, run for public office, and serve as a notary public.13Restoration of Rights. Restoration of Rights – Virginia.gov
- Virginia law bars convicted felons from possessing firearms, and federal law does the same for anyone convicted of a crime punishable by more than one year of imprisonment. Both prohibitions must be lifted to legally own a gun again.14Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
- Many employers run background checks, and certain licensed professions are closed to people with felony records.
- Non-citizens face especially severe consequences. An “aggravated felony” under federal immigration law triggers mandatory detention and near-automatic deportation, and the federal definition can sweep in offenses Virginia classifies as misdemeanors.
Restoring Your Rights and Sealing Your Record
Virginia’s Governor has sole constitutional authority to restore civil rights after a felony conviction. Restoration covers voting, jury service, running for office, and notary status. It does not cover firearms. To be eligible you must be free from incarceration; you submit a request through the Secretary of the Commonwealth’s website and wait for the Governor’s office to decide. Nothing is automatic.13Restoration of Rights. Restoration of Rights – Virginia.gov
Firearm rights require a separate, more demanding path. First, you get your civil rights restored by the Governor. Then you petition the circuit court in the jurisdiction where you live or where you were convicted, and the court decides whether to allow you to possess firearms. Even with state permission, the federal ban under 18 U.S.C. ยง 922(g) can still apply unless you also obtain federal relief.15Virginia State Police. Restoration of Firearm Rights
Starting July 1, 2026, Virginia’s new record-sealing law lets people convicted of Class 5 and Class 6 felonies, along with certain larceny offenses, petition to have their records sealed after a 10-year waiting period. Misdemeanors become eligible after 7 years.16Virginia Sentencing Commission. Sealing of Criminal Records in Virginia Sealing is not expungement. The record still exists, but most employers, educational institutions, and government agencies cannot ask about it or use it against you. Exceptions apply for law enforcement positions, jobs subject to federal security requirements, and situations where state or federal law specifically requires the inquiry.17Virginia Code Commission. Virginia Code 19.2-392.15 – Prohibited Practices by Employers and Educational Institutions Convictions for Class 1 through Class 4 felonies are not eligible.