WHAT EACH CHARGE CARRIES
22 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. Virginia sorts a crime into a Class 1 to 4 misdemeanor or a Class 1 to 6 felony, and fixes each class's range, so each level here names its class and that range. A few felonies set their own range without a class, and those levels name it.
22 charges
Petit larceny and grand larceny
1 MISD to FELONY · up to Set by the offense
Also searched as stealing, theft, larceny, took something
Taking another's goods without permission, intending to deprive the owner of them permanently.
| Class | Up to | When |
|---|---|---|
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenPetit larceny: goods under $1,000, or under $5 from the person |
| FELONYFelony with its own range | Set by the offense$2,500 fine | WhenGrand larceny: $1,000 or more, $5 or more from the person, or any firearm: one to 20 years, or up to 12 months in jail |
Concealing or taking merchandise
1 MISD to FELONY · up to Set by the offense
Also searched as shoplifting, stealing from a store, price tag switching
Concealing a store's merchandise, taking possession of it, altering a price tag, or moving goods to another container, intending to take them without paying full price.
| Class | Up to | When |
|---|---|---|
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenUnder $1,000 |
| FELONYFelony with its own range | Set by the offense$2,500 fine | When$1,000 or more: one to 20 years, or up to 12 months in jail |
Willfully concealing merchandise while still on the premises is prima facie evidence of the intent.
Marijuana over the adult limit
CIVIL to FELONY · up to Set by the offense
Also searched as too much weed, marijuana possession, more than two ounces
For a person 21 or older, possessing more marijuana on the person or in public than the two ounces the section allows.
| Class | Up to | When |
|---|---|---|
| CIVILCivil penalty | No jail$25 fine | WhenMore than two ounces, up to four |
| 3 MISDClass 3 misdemeanor | No jail$500 fine | WhenMore than four ounces, up to one pound |
| 2 MISDClass 2 misdemeanor | Up to six months$1,000 fine | WhenMore than four ounces, up to one pound, after a first |
| FELONYFelony with its own range | Set by the offense$250,000 fine | WhenMore than one pound: one to 10 years |
Not more than two ounces is lawful for a person 21 or older.
Possession of a controlled substance
4 MISD to 5 FELONY · up to One to 10 years, or up to 12 months in jail
Also searched as drug possession, possession, pills without a prescription
Knowingly or intentionally possessing a controlled substance without a valid prescription.
| Class | Up to | When |
|---|---|---|
| 4 MISDClass 4 misdemeanor | No jail$250 fine | WhenSchedule VI |
| 3 MISDClass 3 misdemeanor | No jail$500 fine | WhenSchedule V |
| 2 MISDClass 2 misdemeanor | Up to six months$1,000 fine | WhenSchedule IV |
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenSchedule III |
| 5 FELONYClass 5 felony | One to 10 years, or up to 12 months in jail$2,500 fine | WhenSchedule I or II |
Owning or occupying the place or vehicle where the substance was found does not by itself create a presumption of possession.
Disorderly conduct
1 MISD · up to Up to twelve months
Also searched as disturbing the peace, disrupting a meeting, disrupting a funeral
Intending to cause public inconvenience, annoyance or alarm, or recklessly risking it, conduct in public with a direct tendency to cause violence, or disrupting a funeral, a public meeting, a school or a place of worship.
| Class | Up to | When |
|---|---|---|
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenThe ordinary case |
The conduct does not include the utterance or display of any words.
Obstructing an officer, or fleeing arrest
1 MISD · up to Up to twelve months
Also searched as obstruction of justice, resisting arrest, ran from police, lied to police
Knowingly obstructing an officer in the performance of duty without just cause, fleeing to prevent a lawful arrest, or making a materially false statement to an officer investigating someone else's crime.
| Class | Up to | When |
|---|---|---|
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenKnowingly obstructing an officer, or refusing to stop when asked |
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenFleeing to prevent a lawful arrest |
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenA materially false statement to an officer investigating someone else's crime |
Preventing a lawful arrest means fleeing once the officer applies physical force, or once the officer says the person is under arrest and a reasonable person would know they are not free to leave.
Eluding police
2 MISD to 6 FELONY · up to One to five years, or up to 12 months in jail
Also searched as fleeing, car chase, did not pull over, eluding
Driving in willful and wanton disregard of an officer's signal to stop, or trying to elude the officer.
| Class | Up to | When |
|---|---|---|
| 2 MISDClass 2 misdemeanor | Up to six months$1,000 fine | WhenThe ordinary case |
| 6 FELONYClass 6 felony | One to five years, or up to 12 months in jail$2,500 fine | WhenIn a way that endangers a person or the police vehicle |
A conviction also suspends the license for not less than thirty days nor more than one year. It is an affirmative defense that the driver reasonably believed the pursuer was not an officer.
Falsely identifying oneself to an officer
1 MISD · up to Up to twelve months
Also searched as false name, lying about my name, fake ID to police
After being lawfully detained and asked to identify oneself, falsely identifying oneself to the officer with intent to deceive about one's real identity.
| Class | Up to | When |
|---|---|---|
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenThe ordinary case |
The section makes a false identity the offense. It does not say that declining to give a name is one.
Drunk in public
4 MISD · no jail
Also searched as public intoxication, drunk in public, DIP
Being intoxicated in public, from alcohol, a narcotic or any other drug.
| Class | Up to | When |
|---|---|---|
| 4 MISDClass 4 misdemeanor | No jail$250 fine | WhenThe ordinary case |
Where there is a court-approved detoxification center, an officer may have the person taken there in place of an arrest.
Drinking while driving
4 MISD · no jail
Also searched as open container, drinking in the car, open beer
A driver consuming an alcoholic beverage while driving on a public highway. An open container in the passenger area raises a rebuttable presumption of drinking, with the other signs the section names.
| Class | Up to | When |
|---|---|---|
| 4 MISDClass 4 misdemeanor | No jail$250 fine | WhenThe ordinary case |
Driving while suspended or revoked
1 MISD · up to Up to twelve months
Also searched as driving on a suspended license, DWS, revoked license
Driving on a highway while the license or privilege is suspended or revoked, or after being directed by a court not to drive.
| Class | Up to | When |
|---|---|---|
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenThe ordinary case |
The court suspends the license again for the same period, or up to 90 more days where that period was not definite.
Underage purchase or possession of alcohol
1 MISD · up to Up to twelve months
Also searched as underage drinking, MIP, fake ID
A person to whom alcohol may not lawfully be sold consuming, purchasing or possessing it, or trying to, or using a fake or borrowed ID to establish a false age.
| Class | Up to | When |
|---|---|---|
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenThe ordinary case |
The court orders a mandatory minimum fine of $500 or 50 hours of community service, and a person 18 or older loses their license for not less than six months.
Trespass after being forbidden
1 MISD · up to Up to twelve months
Also searched as trespassing, refused to leave, no trespassing sign
Going on or staying on another's land, buildings or premises after being forbidden orally, in writing, or by posted signs, or after being served a court order forbidding it.
| Class | Up to | When |
|---|---|---|
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenThe ordinary case |
Assault and battery, and wounding
1 MISD to 3 FELONY · up to Five to 20 years
Also searched as assault, battery, hit someone, fight, malicious wounding
A simple assault or assault and battery; or shooting, stabbing, cutting or wounding someone, or causing bodily injury, with intent to maim, disfigure, disable or kill.
| Class | Up to | When |
|---|---|---|
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenSimple assault, or assault and battery |
| 6 FELONYClass 6 felony | One to five years, or up to 12 months in jail$2,500 fine | WhenAgainst an officer, firefighter or other listed person on duty, with a mandatory minimum of six months, or unlawful wounding |
| 3 FELONYClass 3 felony | Five to 20 years$100,000 fine | WhenMalicious wounding |
Stalking
1 MISD to 6 FELONY · up to One to five years, or up to 12 months in jail
Also searched as following someone, repeated contact
Conduct on more than one occasion directed at another person, intending to place them in reasonable fear of death, criminal sexual assault or bodily injury to them or family, or knowing it does.
| Class | Up to | When |
|---|---|---|
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenThe ordinary case |
| 6 FELONYClass 6 felony | One to five years, or up to 12 months in jail$2,500 fine | WhenA second offense within five years |
Contact after actual notice that the person does not want it is prima facie evidence of the intent.
Harassment by phone or text
1 MISD · up to Up to twelve months
Also searched as harassing texts, obscene calls, threatening messages
Obscene or indecent language, or threatening an illegal or immoral act, by phone, text or CB radio, to coerce, intimidate or harass.
| Class | Up to | When |
|---|---|---|
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenThe ordinary case |
Written threats to kill or injure
6 FELONY · up to One to five years, or up to 12 months in jail
Also searched as threats, threatening post, threatening text
A written threat, including a text, email or social media post, to kill or injure someone that places them or their family in reasonable apprehension.
| Class | Up to | When |
|---|---|---|
| 6 FELONYClass 6 felony | One to five years, or up to 12 months in jail$2,500 fine | WhenThe ordinary case |
Reckless driving
1 MISD to 6 FELONY · up to One to five years, or up to 12 months in jail
Also searched as reckless driving, speeding, endangering
Driving on any highway recklessly, or at a speed or in a manner that endangers the life, limb or property of any person, whatever the speed limit.
| Class | Up to | When |
|---|---|---|
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenThe ordinary case |
| 6 FELONYClass 6 felony | One to five years, or up to 12 months in jail$2,500 fine | WhenOn a license suspended or revoked for a moving violation, where the reckless driving alone caused another's death |
Reckless driving while holding a handheld phone carries a mandatory minimum fine of $250.
Interception of communications
6 FELONY · up to One to five years, or up to 12 months in jail
Also searched as wiretapping, secret recording, recording a call
Intentionally intercepting a wire, electronic or oral communication, or disclosing or using what was intercepted.
| Class | Up to | When |
|---|---|---|
| 6 FELONYClass 6 felony | One to five years, or up to 12 months in jail$2,500 fine | WhenThe ordinary case |
It is not an offense to intercept a communication one is a party to, or one where a party gave prior consent.
Carrying a concealed weapon
1 MISD to 5 FELONY · up to One to 10 years, or up to 12 months in jail
Also searched as concealed carry without a permit, gun under the jacket, concealed knife
Carrying a pistol, revolver or other firearm, or one of the other weapons the section lists, about one's person and hidden from common observation.
| Class | Up to | When |
|---|---|---|
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenA first violation |
| 6 FELONYClass 6 felony | One to five years, or up to 12 months in jail$2,500 fine | WhenA second violation |
| 5 FELONYClass 5 felony | One to 10 years, or up to 12 months in jail$2,500 fine | WhenA third violation |
A valid concealed handgun permit is an affirmative defense as to a handgun, and the section does not reach one's own home or place of business.
Pointing or brandishing a firearm
1 MISD to 6 FELONY · up to One to five years, or up to 12 months in jail
Also searched as brandishing, pointed a gun, waved a gun
Pointing, holding or brandishing a firearm, or an object that looks like one, so as to reasonably cause another to fear being shot or injured.
| Class | Up to | When |
|---|---|---|
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenThe ordinary case |
| 6 FELONYClass 6 felony | One to five years, or up to 12 months in jail$2,500 fine | WhenAt a school, or on public property within 1,000 feet of one |
It does not apply to excusable or justifiable self-defense.
Leaving the scene of a crash
1 MISD to 5 FELONY · up to One to 10 years, or up to 12 months in jail
Also searched as hit and run, drove off after a crash, leaving the scene
Failing to stop and report one's name, address, license and registration, and to render reasonable assistance, after a crash that kills or injures someone or damages an attended vehicle or property.
| Class | Up to | When |
|---|---|---|
| 1 MISDClass 1 misdemeanor | Up to twelve months$2,500 fine | WhenProperty damage of $1000 or less |
| 5 FELONYClass 5 felony | One to 10 years, or up to 12 months in jail$2,500 fine | WhenInjury or death, or more than $1000 of property damage |
Every class on this page, for reference
Each range comes from the Code's classing sections. A Class 5 or 6 felony can instead be punished as a misdemeanor, with up to 12 months in jail and a $2,500 fine.
- CIVILCivil penaltyNo jail$25
- 4 MISDClass 4 misdemeanorNo jail$250
- 3 MISDClass 3 misdemeanorNo jail$500
- 2 MISDClass 2 misdemeanorUp to six months$1,000
- 1 MISDClass 1 misdemeanorUp to twelve months$2,500
- 6 FELONYClass 6 felonyOne to five years, or up to 12 months in jail$2,500
- 5 FELONYClass 5 felonyOne to 10 years, or up to 12 months in jail$2,500
- 3 FELONYClass 3 felonyFive to 20 years$100,000
- FELONYFelony with its own rangeSet by the offenseSet by the offense
Words on a charging document
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- BailRelease pending trial, to which a person in custody is admitted unless there is probable cause to believe they will not appear or would be an unreasonable danger. The terms take the person's ability to pay into account.
- Class 1 misdemeanorThe highest misdemeanor class, punishable by up to twelve months in jail, a fine of up to $2,500, or both.
- Dangerous dogA dog a court finds directly caused serious injury to a person, such as a laceration, a broken bone or a substantial puncture of the skin by teeth, or killed or seriously injured a dog or cat.
- Disorderly conductWith intent to cause public inconvenience, annoyance or alarm, conduct in a public place with a direct tendency to cause violence by the people it is aimed at, or disrupting a funeral, a public meeting, a school or a place of worship.
- Grand larcenyLarceny of goods of $1,000 or more, $5 or more from the person, or any firearm, a felony.
- HazingRecklessly or intentionally endangering a student's health or safety, or inflicting bodily injury, in connection with initiation, admission, affiliation or continued membership in a club or organization.
- Misdemeanor limitationA prosecution for a misdemeanor, or for any fine, forfeiture or penalty, is commenced within one year after there was cause for it, except that a prosecution for petit larceny may be commenced within five years.
- ObstructionKnowingly obstructing an officer in the performance of duty without just cause, a Class 1 misdemeanor. Resisting arrest is defined as fleeing to prevent a lawful arrest, after the officer applies physical force or communicates that the person is under arrest.
- Petit larcenyLarceny of goods under $1,000, or under $5 from the person, a Class 1 misdemeanor. Concealing a store's merchandise intending to take it without paying is petit larceny under $1,000.
- Reckless drivingA Class 1 misdemeanor that speed alone can make: driving 20 miles per hour or more over the applicable limit, or over 85 miles per hour regardless of the limit.
- SealingClosing the records of an arrest, charge or conviction to the public, except for the purposes the law allows; an agency asked about a sealed record says that no record exists, unless disclosure is permitted.
- StalkingConduct on more than one occasion, in person or by mail, phone or electronic communication, directed at another with intent to place them in reasonable fear of death, sexual assault or bodily injury, a Class 1 misdemeanor.
About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed Virginia attorney can tell you what yours is. Current as of September 2026.