Virginia criminal charge
Penalties for failure to appear in Virginia
Penalties for failure to appear is a criminal offense under Virginia law, defined by Va. Code Ann. § 19.2-128. 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. § 19.2-128.
What is the penalty for penalties for failure to appear in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 5 years (Failure to appear — felony charge or suspended felony sentence — A person charged with a felony offense, or convicted of a felony with sentence suspended under § 19.2-319, willfully fails to appear before any court as required.; 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 (Failure to appear — felony charge or suspended felony sentence — A person charged with a felony offense, or convicted of a felony with sentence suspended under § 19.2-319, willfully fails to appear before any court as required.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Failure to appear — misdemeanor charge or suspended misdemeanor sentence — A person charged with a misdemeanor offense, or convicted of a misdemeanor with sentence suspended under § 19.2-319, willfully fails to appear before any court as required.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Failure to appear — misdemeanor charge or suspended misdemeanor sentence — A person charged with a misdemeanor offense, or convicted of a misdemeanor with sentence suspended under § 19.2-319, willfully fails to appear before any court as required.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is penalties for failure to appear classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Failure to appear — felony charge or suspended felony sentence | Class 6 Felony | A person charged with a felony offense, or convicted of a felony with sentence suspended under § 19.2-319, willfully fails to appear before any court as required. | Va. Code Ann. § 19.2-128B |
| Failure to appear — misdemeanor charge or suspended misdemeanor sentence | Class 1 Misdemeanor | A person charged with a misdemeanor offense, or convicted of a misdemeanor with sentence suspended under § 19.2-319, willfully fails to appear before any court as required. | Va. Code Ann. § 19.2-128C |
Common questions about penalties for failure to appear in Virginia
Is penalties for failure to appear a felony or a misdemeanor in Virginia?
It depends on the circumstances: penalties for failure to appear ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 19.2-128.
Failure to appear — felony charge or suspended felony sentence: class 6 felony (Va. Code Ann. § 19.2-128B) · Failure to appear — misdemeanor charge or suspended misdemeanor sentence: class 1 misdemeanor (Va. Code Ann. § 19.2-128C)
What are the penalties for penalties for failure to appear in Virginia?
Which Virginia statute covers penalties for failure to appear?
Penalties for failure to appear is governed by Va. Code Ann. § 19.2-128 (Penalties for failure to appear).
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.