First Degree Felony in Virginia

Virginia’s criminal code does not explicitly use the term first-degree felony as is used by some states in the U.S., but instead classifies felonies into six classes. Of these six classes, Class 1 is the most severe and is akin to what other states refer to as a first-degree felony. Class 1 felonies are defined in the Code of Virginia § 18.2-9, and these include grave offenses like capital murder and the sexual abuse of children under 15. Class 1 felonies in Virginia carry penalties of up to life imprisonment for persons over 18 who are not intellectually disabled, and penalties with a possibility of a death sentence. Virginia’s felony classes range from Class 1, which is the most serious, to Class 6, which is the least serious. The classification guides the sentencing for the various types of felonies and other crimes.

Public Access to Class 1 (First Degree) Felony Records in Virginia

In Virginia, the conviction records for Class 1 felonies (equivalent to first-degree felonies) are generally available to the public under the Virginia Freedom of Information Act under the Code of Virginia § 2.2-3700. However, some records may still be sealed or restricted by court order. Other limitations include:

• Juvenile cases, which are confidential under § 16.1-305
• Records with sensitive information, such as Social Security numbers, under § 17.1-293

Persons interested in these records may access them through the Virginia Judiciary Online Case Information System (OCIS 2.0) or the circuit court where the case was tried for physical records. Physical records may include fees of $0.5 per page or $2.00 per certified copy.

Interested persons should note that expunged or sealed records require a court order writ of mandamus for access, which may require in-person visitations. Some counties, such as Fairfax, offer public access terminals for interested persons to access these records at the county for a subscription fee.

Summary on Public Access to First Degree Felony Records in Virginia:

Common Crimes Classified as Class 1 (First Degree) Felonies in Virginia

In Virginia, Class 1 felonies rank as first-degree felonies and carry the most serious sentences as prescribed per Code of Virginia § 18.2-10. Some examples of these crimes with brief explanations are below:

• Capital Murder: This is the intentional killing during felonies such as robbery or kidnapping, or the killing of certain victims such as law enforcement officers.
• Sexual Assault of a Child Under 15: This is the forceful or threat-based non-consensual sexual acts with a minor under 15.
• Aggravated Sexual Battery: This is forced sexual abuse along with threats and incapacitation, often against a minor.

In 2024, the Federal Bureau of Investigation (FBI) noted a 5.2% decrease in reported rape offenses against minors nationally.

Below is a summary of examples of first-degree (Class 1) felonies in Virginia:

Prison Sentences and Fines for Class 1 (First Degree) Felonies in Virginia

In Virginia, Class 1 felonies are the state’s equivalent of first-degree felonies, as it is in some other states in the U.S. The crimes are identified in the Code of Virginia § 18.2-10 and are the most severe offenses, and examples include capital murder or sexual assault on minors under 15. The sentencing range for Class 1 felonies in Virginia is life imprisonment without parole, and in some instances, the sentence is the death penalty for capital murder. Fines for Class 1 felonies may reach up to $ 100,000, and sentences are influenced by the crime and the presence of aggravating factors such as the use of a weapon or prior convictions on the part of the defendant. In Virginia, penalties for unclassified felonies are specified in their respective statutes.

What is the Maximum Sentence for a Class 1 (First Degree) Felony in Virginia?

Under Virginia law, the maximum sentence for a first-degree felony, which in Virginia is a Class 1 felony, is life imprisonment without the option of parole under the Code of Virginia § 18.2-10. For capital murder, the death sentence may be given where the offender is above 18 and does not have an intellectual disability. Factors that may increase the penalty of an offender to the maximum include the use of a weapon during the crime, having prior convictions, and the crime being a hate crime targeted at a demographic.

What is First Degree Murder in Virginia?

In Virginia, first-degree murder does not carry the same classification as first-degree felony but is a distinct offence under the Code of Virginia § 18.2-32. First-degree murder is classified as a Class 2 felony, separate from the Class 1 felony classification reserved for the most severe crimes and the closest to the first-degree classification of most states. First-degree murder in Virginia includes premeditated killings, murders during felonies such as rape or robbery, lying in wait, killings by poison, or starvation. The sentence is for 20 years to life imprisonment with fines of up to $100,000. Unlike Class 1 felonies, which may give a life sentence without parole or even a death penalty, first-degree murder allows for judicial discretion during sentencing.

Where there are aggravating factors, harsher penalties may be given out, leading to 20 years to life. A Class 1 felony, such as Capital murder, is distinguished from first-degree murder by specifics such as the killing of a law enforcement officer, leading to life without parole or the death penalty.

Can First Degree Felony Records Be Sealed or Expunged in Virginia?

In Virginia, sealing or expunging a Class 1 felony, which is equivalent to a first-degree felony, is highly restricted per the Code of Virginia § 19.2-392.2. Sealing of records hides them from the public and only retains limited access to authorities such as law enforcement. On the other hand, expungement entirely removes the record as if the offenses never occurred. Eligibility for either sealing or expungement is limited to dismissed cases, cases with no convictions, acquittals, or nolle prosequi (dropped charges). Automatic sealing may occur for some dismissed charges after reforms in 2021 under § 19.2-392.6.

Serious Class 1 felonies are generally not eligible due to their severity, except in cases where the charges are dropped or the defendant was wrongfully accused. Where there is a conviction, expungement or sealing is not available except for rare instances in which there is a pardon from the governor under § 19.2-392.2. Otherwise, the sentence remains on record permanently.

Difference Between First Degree and Second Degree Felonies in Virginia

In Virginia, felonies are classified into six different classes from Class 1 to Class 6. Class 1 and Class 2 are the most severe and are equivalent to first-degree and second-degree felonies, as are classified in other U.S. states. Class 1 felonies include capital murder and sexual assault of a child under 15, and they carry life imprisonment without parole or the death penalty. In contrast, Class 2 felonies include first-degree murder and aggravated wounding, carrying 20 years to life imprisonment. Class 1 felonies involve intentional acts that cause significant harm, while Class 2 felonies do not have premeditation and lack aggravating factors. Sentences for both Class 1 and Class 2 felonies take into account the use of weapons or prior convictions, but Class 1 penalties are stricter in line with their severity.

Statute of Limitations for First Degree Felony Charges in Virginia

The statute of limitations is the time set for prosecutors to file criminal charges, after which charges may no longer be filed. In Virginia, there is no statute of limitations for Class 1 felonies under Code of Virginia § 19.2-8. This means that prosecutors may file charges at any time. The possibility of exceptions to having a statute of limitations for a Class 1 felony in Virginia is minimal, as the state perceives these offenses to be quite grievous.

Probation and Parole Eligibility for Class 1 (First Degree) Felonies in Virginia

The equivalent of first-degree felonies in Virginia is Class 1 felonies, and these classes do not offer the option of probation instead of prison time due to the gravity of the crimes. Virginia has also abolished the option of parole for felonies committed after January 1, 1995, under § 53.1-165.1, which means that Class 1 felons serve a life sentence without being eligible for parole. Current exceptions for parole are for convictions that are pre-1995 under § 53.1-151, where parole may be considered after at least 25% of the sentence or if the inmate has clocked 60 years after serving 10 years. However, persons convicted of capital murder rarely qualify for parole due to Virginia’s tough stance on serious felonies.

Summary of probation eligibility for first-degree felonies in Virginia:

Impact of a First Degree Felony Conviction on Criminal Records in Virginia

A Class 1 felony in Virginia, equivalent to a first-degree felony, may have profound, lifetime consequences, as these records will always be available to interested persons through public criminal records unless they are sealed. And sealing is rare under Code of Virginia § 19.2-392.2. Convictions for Class 1 felonies, such as capital murder or sexual assault of a child under 15 years, may severely limit employment options, as the majority of employers conduct background checks. Most employers hesitate to hire persons they find with such records. Landlords also carry out these screenings, and housing applications may be denied for persons with these records.

Firearm ownership is permanently prohibited under federal and Virginia law per § 18.2-308.2, and for non-citizens, deportation is a serious risk after a Class 1 felony because immigration law considers it an aggravated felony. Voting rights are also withdrawn after a Class 1 felony but may be restored after the completion of the sentence through a gubernatorial petition.