What is the Punishment for Class 5 Felony in Virginia

Criminality is understood as the volume of infractions of the law by individuals, in a specific time and zone. The factors that affect crime are diverse, the social reality, political, economic, among others. The most important consequence of the increase in crime is the general feeling of insecurity, which adds to the other insecurities such as unemployment, health, the future, family violence, impoverishment, etc. The state makes sure that the level of crimes stays to the minimum by application of laws and giving punishments to those who break laws. It is the only way to make a society peaceful and crime free.

Felony vs. misdemeanor:

The difference between a felony and a misdemeanor is the penalty. The penalty is a punishment that the State gives us in case of a violation or a breach of a norm or a law. A lesser offense is a crime that does not exceed six months. The felony is applicable when the penalty exceeds six months or more. Our legal order establishes that no punishment or penalties will be imputed that are not fixed by law.

What is a class 5 felony?

There are six different categories of felonies in Virginia, with a Class 1 felony as the most serious. The crime classification of Class 5 can land the convicted in prison for less than one year or up to ten years. A Class 5 felony offers lesser penalties than the first four classes.

Statute

  • 18.2-10

A “Wobbler” Crime:

A Class 5 felony is emblematically known as a “wobbler” in criminal law for the reason that the delinquency stages an almost negligible difference among misdemeanor and felony accusations, controlled by the manner in which the prosecution treats it. All things considered, the relinquishes for a guilty verdict can go in variable directions. Wobbler wrongdoings are otherwise called hybrid violations. Even though an indictment has the decision of charging a Class 5 wobbler wrongdoing as a misdemeanor or felony, a judge or jury can likewise tip the scale, condemning a wobbler as a misdeed or lawful offense, contingent upon how they treat the conviction.

The penalty for a class 5 felony:

For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years and charge a fine of more than $2,500, either or both.

Class 5 Felony Examples

Common wrongdoings that fall into the Class 5 felony classification incorporate the battery, involuntary murder, and blackmail. Different precedents of wobbler offenses comprise certain due accusations bringing about genuine mischief or demise, robbery and accepting stolen property, thievery, negligence and abusive behavior at home.

What to do?

Since a Class 5 felony is the least harmful of lawful offenses in Virginia, you may profit by counseling a lawyer to fight for you when accused of wobbler wrongdoing; be that as it may, the nearness of aggravating components for your situation may make your wrongdoing be lifted to a felony. You may have a higher shot of having your wobbler condemned as a misdemeanor– staying away from jail – with solid lawful portrayal and minimization of aggravating components. Precedents of disturbing variables which could raise the apparent seriousness of your wrongdoing include liquor or drug contribution, genuine real damage or death to the person in question; regardless of whether the injured individual is a lady or kid; and ownership of a firearm amid the crime.

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