What is a Class 4 Misdemeanor in VA?
Misdemeanors are a lesser category of criminal offenses when compared to felonies, and they are typically penalized with fines,probation, or short terms of imprisonment. In Virginia, misdemeanors are grouped into different classes based on their severity, with the most serious being Class 1 and the least serious being Class 3 and Class 4. So, what is a class 4 misdemeanor in Virginia?
Definition and Charges
A Class 4 misdemeanor is the least severe type of misdemeanor in Virginia, and it is commonly referred to as a low-level misdemeanor. Misdemeanors in VA are defined as offenses committed by an individual, organization, or entity that fall short of the seriousness associated with felonies.[1] Class 4 misdemeanors are typically smaller in scope and less offensive than Class 3 or Class 1 misdemeanors.
Examples of Class 4 Misdemeanors in VA
Common examples of Class 4 misdemeanors in Virginia include:
• Public nudity: Exposing one’s body in a public setting, such as a park, beach, or public roadway.
• Petitioning or soliciting funds: Soliciting money on the street or petitioning for funds without proper approval.
• Loitering: Loitering in a public place with the intent of committing a crime.
• Disorderly Conduct: Engaging in a behavior that disturbs others, such as loudly yelling or causing a riot.
• Disputed boundaries: Disputes over property boundaries, involving minor trespassing or blocking access to a property.[2]
Penalties for Class 4 Misdemeanors in VA
The penalties for a Class 4 misdemeanor conviction in Virginia typically include fines and/or a maximum one-year term of imprisonment (suspended or active). Depending on the specific circumstances surrounding the offense, a fine of up to $250 may be imposed. There may also be additional penalties, such as:
• Community service: Requiring a defendant to perform a minimum number of hours of service to the community.
• Probation: Periodic supervision by a probate officer, with monitoring of the defendant’s criminal behavior.
• Community supervision: Similar to probation, but with a period of supervision that may take place in a residential program.
Table: Overview of Class 4 Misdemeanor Penalties in VA
| Fine | Jail | |
|---|---|---|
| One-time fine | Up to $250 | Up to one year |
| Community service | varies | varies |
| Probation | varying | varying |
| Community supervision | Up to 1-year term | Probationary period |
Consequences of Class 4 Misdemeanor Convictions in VA
A Class 4 misdemeanor conviction in Virginia typically has limited consequences compared to more serious offenses. These consequences may include:
• Criminal record: A conviction will remain on the defendant’s criminal record, potentially affecting future employability, education, and housing opportunities.
• Fines and fees: In addition to the prescribed fine, the defendant will be responsible for court-imposed fees and costs related to the case.
• Loss of rights and privileges: Depending on the specific circumstances, a class 4 misdemeanor conviction might result in the loss or suspension of certain rights or privileges, such as the ability to own a firearm, vote, or practice as a professional.
Is a Class 4 Misdemeanor a Significant Offense?
Overall, a Class 4 misdemeanor in Virginia is viewed as a relatively minor crime, and the consequences and penalties are generally less severe compared to more serious infractions. However, as with any criminal conviction, it is essential to take a Class 4 misdemeanor seriously and address its consequences promptly.
Keep in mind that many Class 4 misdemeanors can be resolved through negotiating a plea agreement with a prosecutor or by pursuing treatment or counseling programs in lieu of a full jury trial. If you face a Class 4 misdemeanor charge in Virginia, an experienced criminal defense attorney may be able to help reduce the charges or penalties accordingly.
Conclusion
Understanding what a Class 4 misdemeanor is in Virginia – and the associated penalties – is crucial for anyone arrested or charged with a such an offense. As indicated above, Class 4 misdemeanors are considered some of the least serious misdeameanors under Virginia law, and consequences are typically limited to minor fines and/or a small term of imprisonment. Although a Class 4 conviction may still have a potential impact on a defendant’s criminal record and future options, it is generally more manageable than more severe forms of criminal activity. An attorney specializing in criminal law can provide valuable guidance should you face a Class 4 misdemeanor charge in VA.
References
- Virginia Code Ann § 18.2-11 (2022 ed.)
- Virginia v. Johnson, 2013 Va. App. LEXIS 236 (Va. Ct. App. 2013)
