Virginia criminal charge
Attempts to commit felonies other than Class 1 felony offenses in Virginia
Attempts to commit felonies other than Class 1 felony offenses is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-26. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-26.
What is the penalty for attempts to commit felonies other than class 1 felony offenses in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 10 years (Attempt to commit felony punishable by life or more than 20 years — The felony attempted carries a maximum punishment of life imprisonment or a term of years in excess of twenty years.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Attempt to commit felony punishable by life or more than 20 years — The felony attempted carries a maximum punishment of life imprisonment or a term of years in excess of twenty years.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Attempt to commit felony punishable by 20 years — The felony attempted carries a maximum punishment of twenty years' imprisonment.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Attempt to commit felony punishable by 20 years — The felony attempted carries a maximum punishment of twenty years' imprisonment.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Attempt to commit felony punishable by less than 20 years — The felony attempted carries a maximum punishment of less than twenty years' imprisonment.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Attempt to commit felony punishable by less than 20 years — The felony attempted carries a maximum punishment of less than twenty years' imprisonment.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is attempts to commit felonies other than class 1 felony offenses classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Attempt to commit felony punishable by life or more than 20 years | class 4 felony | The felony attempted carries a maximum punishment of life imprisonment or a term of years in excess of twenty years. | Va. Code Ann. § 18.2-261 |
| Attempt to commit felony punishable by 20 years | class 5 felony | The felony attempted carries a maximum punishment of twenty years' imprisonment. | Va. Code Ann. § 18.2-262 |
| Attempt to commit felony punishable by less than 20 years | class 6 felony | The felony attempted carries a maximum punishment of less than twenty years' imprisonment. | Va. Code Ann. § 18.2-263 |
Common questions about attempts to commit felonies other than class 1 felony offenses in Virginia
Is attempts to commit felonies other than Class 1 felony offenses a felony or a misdemeanor in Virginia?
It depends on the circumstances: attempts to commit felonies other than Class 1 felony offenses ranges from a class 6 felony to a class 4 felony in Virginia under Va. Code Ann. § 18.2-26.
Attempt to commit felony punishable by life or more than 20 years: class 4 felony (Va. Code Ann. § 18.2-261) · Attempt to commit felony punishable by 20 years: class 5 felony (Va. Code Ann. § 18.2-262) · Attempt to commit felony punishable by less than 20 years: class 6 felony (Va. Code Ann. § 18.2-263)
What are the penalties for attempts to commit felonies other than Class 1 felony offenses in Virginia?
Penalties for attempts to commit felonies other than Class 1 felony offenses in Virginia depend on how it is classified — from a class 6 felony up to a class 4 felony — with the ranges set by Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers attempts to commit felonies other than Class 1 felony offenses?
Attempts to commit felonies other than Class 1 felony offenses is governed by Va. Code Ann. § 18.2-26 (Attempts to commit felonies other than Class 1 felony offenses; how punished).
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.