Felony vs. Misdemeanor in Northern Virginia: What’s the Real Difference?

The criminal justice system in Northern Virginia typically categorizes all prosecutable offenses as either felonies or misdemeanors. It is important to note, however, that there is a difference between the two types of offenses. Still, in both instances, they can be formally charged, adjudicated, and punished.

Definitions and Classifications You Need to Know

Misdemeanors in Virginia are those crimes where the maximum punishment is 12 months in county jail and a fine (up to $2,500 for Class 1 misdemeanors). These are, by law, the “lesser” of all offenses, with Class 1 being the most serious (e.g., assault and battery) and Class 4 being the least serious (e.g., intoxicated in public).

Felonies, on the other hand, are more serious. A felony is any offense for which the minimum punishment is 1 year or more of imprisonment. Virginia breaks felonies into six classes (§ 18.2-10):

• Class 1: Punishable by a life sentence (18 years of age or older at the time of the offense; no parole eligibility) and a fine up to $100,000
• Class 2: Punishable by 20 years to life + up to $100,000 fine
• Class 3: Punishable by 5–20 years + up to $100,000 fine
• Class 4: Punishable by 2–10 years + up to $100,000 fine
• Class 5: Punishable by 1–10 years (or up to 12 months jail and/or up to $2,500 fine)
• Class 6: Punishable by 1–5 years (or up to 12 months jail and/or up to $2,500 fine)

Broader and Collateral Consequences

Civil & Legal Penalties

Felony convictions result in immediate disenfranchisement (loss of your voting and other civil rights) until such time as you are able to go through the petition process for restoration of civil liberties, which is granted by the governor.

Convicted felons also lose all firearm rights, lose their right to serve on a jury, and face immigration consequences, sentencing enhancements in any future prosecution.

Professional Licensing

Both misdemeanors and felonies can have negative consequences for various professional licenses (nurses, attorneys, financial brokers, etc. )—but they carry a much more significant burden for felons.

Employment & Housing

Employers might be a little hesitant to hire someone who spent a month in a county jail for domestic assault—as opposed to having a felony conviction, which will inevitably show up on background checks and land a potential employee on a rapidly expanding “no hire” list. Job applications almost always inquire as to felony status and unfortunately, it will discourage a potential employer before a candidate’s other qualifications are even considered.

Social Stigma & Record Accessibility

Both Misdemeanor and Felony convictions, absent a governor’s pardon, will remain accessible to the public and any interested party for life under existing law.  However, in  July of 2026 a limited sealing process may be available on certain convictions.  

Role of a Criminal Defense Lawyer in Northern Virginia

Criminal charges—whether misdemeanor or felony, seemingly serious or not—should be handled by a skilled Woodbridge criminal defense attorney as early in the process as possible. When, exactly? As soon as you first learn of a potential investigation or interaction with law enforcement, it’s time to contact a criminal defense attorney.

There are several important things your attorney will be doing to work on your behalf:

#1: Pre-Charge Intervention & Advising
Lawyers will give advice when dealing with police or otherwise suggest action or inaction prior to charges being filed. In some situations, an attorney may be able to get charges reduced or dropped before they are even filed.

#2: Charge Reduction Negotiations
Lawyers will negotiate with prosecutors to lower the class or severity of a felony charge and its potential sentence and exposure. They also work on deferred dispositions for dismissal to facilitate expungement at a later time.

#3: Evidence Suppression & Legal Defense
Attorneys file motions to suppress illegally obtained evidence. They are able to find procedural errors, constitutional violations, and other legal defense arguments. Defense counsel can work to both factually and legally defend your case and secure an outright acquittal.

#4: Sentencing Advocacy & Alternatives
Lawyers will argue for probation, community service, treatment programs, or low bail even when a conviction is inevitable, helping their client avoid prison. In Prince William, Fairfax, Stafford, or elsewhere in Northern Virginia, a skilled lawyer can significantly impact how a judge sentences an individual.

#5: Navigating Collateral Consequences
Attorneys work to help clients restore their civil rights (such as voting and firearm ownership) and to expunge dismissed charges or seal eligible convictions.

What This Means for You

Misdemeanors (less than one year in jail) are serious offenses—yet they are more easily managed, and some misdemeanors may qualify to be sealed, resulting in limited, if any, long-term impact.

Felonies (more than or equal to one year in prison) result in much more serious, long-lasting consequences: loss of rights, social stigma, barriers to career and professional opportunities, and housing issues.

Class 5–6 felonies may sound mild, but the stigma of having a felony on your record can make a big difference to your life.

The criminal defense lawyers at Stevens Caruso bring decades of legal experience and negotiation skills to the local court system. The professional representation they provide now can make a world of difference to your long-term future. In other words, your lawyer works to keep not just your freedom, but your life intact.

Secure a Skilled Criminal Defense Attorney as Soon as Possible

In Northern Virginia, the difference between a misdemeanor and a felony is not just an extra year in jail—it’s the difference between a perhaps temporary inconvenience and a life-altering sentence. Obtaining proper legal advice early on can help prevent a felony from being put on your record, give you a chance to secure probation instead of prison time, clear your record through a deferred disposition, or, at the very least, restore rights you may not have known you could lose. Do not hesitate to reach out for legal help if you’re facing criminal charges. Please contact our office immediately for assistance.