Virginia Criminal Defense Laws

Petit larceny, assault and battery against a family or household member, and certain financial misdemeanors have a 5-year statute of limitations.

Virginia abolished the death penalty in March 2021, becoming the first Southern state to do so. The maximum sentence for capital murder is now life imprisonment without parole.

Class 5 felonies carry 1-10 years in prison (or up to 12 months in jail and/or $2,500 fine if treated as a misdemeanor). Class 6 felonies carry 1-5 years (or up to 12 months and/or $2,500 if treated as a misdemeanor). The decision to treat as a felony or misdemeanor is made by the judge or jury at sentencing.

Virginia enacted comprehensive record sealing in 2021, but implementation has been delayed to July 1, 2026. When effective, automatic sealing will apply to certain dismissed charges and acquittals. Petition-based sealing will be available for misdemeanors (7-year wait) and certain felonies (10-year wait). Expungement of records currently remains very limited (only for cases of actual innocence).

Effective July 1, 2021, adults 21+ may possess up to 1 oz of marijuana. Home cultivation of up to 4 plants is permitted. Public consumption and distribution remain illegal. Prior marijuana convictions may be eligible for sealing once the sealing provisions take effect.

Virginia uses advisory sentencing guidelines prepared by the Virginia Criminal Sentencing Commission. Guidelines consider the offense, criminal history, and aggravating/mitigating factors. Judges may depart from guidelines but must document reasons for departure.