Virginia criminal charge
Escape without force or violence or setting fire to jail in Virginia
Escape without force or violence or setting fire to jail is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-479. 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. § 18.2-479.
What is the penalty for escape without force or violence or setting fire to jail in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Escape from custody on misdemeanor charge or violation of probation/parole — Person lawfully confined or in custody for violation of probation/parole or on a misdemeanor charge or conviction escapes without force, violence, or setting fire to the jail.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Escape from custody on misdemeanor charge or violation of probation/parole — Person lawfully confined or in custody for violation of probation/parole or on a misdemeanor charge or conviction escapes without force, violence, or setting fire to the jail.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Escape from custody on felony charge or conviction — Person lawfully confined or in custody on a felony charge or conviction escapes without force, violence, or setting fire to the jail.; 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 (Escape from custody on felony charge or conviction — Person lawfully confined or in custody on a felony charge or conviction escapes without force, violence, or setting fire to the jail.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is escape without force or violence or setting fire to jail classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Escape from custody on misdemeanor charge or violation of probation/parole | Class 1 Misdemeanor | Person lawfully confined or in custody for violation of probation/parole or on a misdemeanor charge or conviction escapes without force, violence, or setting fire to the jail. | Va. Code Ann. § 18.2-479A |
| Escape from custody on felony charge or conviction | Class 6 Felony | Person lawfully confined or in custody on a felony charge or conviction escapes without force, violence, or setting fire to the jail. | Va. Code Ann. § 18.2-479B |
Common questions about escape without force or violence or setting fire to jail in Virginia
Is escape without force or violence or setting fire to jail a felony or a misdemeanor in Virginia?
It depends on the circumstances: escape without force or violence or setting fire to jail ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-479.
Escape from custody on misdemeanor charge or violation of probation/parole: class 1 misdemeanor (Va. Code Ann. § 18.2-479A) · Escape from custody on felony charge or conviction: class 6 felony (Va. Code Ann. § 18.2-479B)
What are the penalties for escape without force or violence or setting fire to jail in Virginia?
Penalties for escape without force or violence or setting fire to jail in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 6 felony — with the ranges set by Va. Code Ann. § 18.2-11 and Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers escape without force or violence or setting fire to jail?
Escape without force or violence or setting fire to jail is governed by Va. Code Ann. § 18.2-479 (Escape without force or violence or setting fire to jail; penalties).
Legal terms used in this law
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.