Va. Code » Title 16.1. Courts Not of Record » Chapter 7. Jurisdiction and Procedure in Criminal Matters » Article 2. Procedure in Criminal Cases
Virginia Code

Va. Code Ann. § 16.1-132 (2026)

Right of appeal

✓ current as of May 2026
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Any person convicted in a district court of an offense not felonious shall have the right, at any time within ten days from such conviction, and whether or not such conviction was upon a plea of guilty, to appeal to the circuit court. There shall also be an appeal of right from any order or judgment of a district court forfeiting any recognizance or revoking any suspension of sentence.

1956, c. 555.

Notes of Decisions
Cited in 77 cases (12 in the last 5 years), 1960–2026 · leading case: Gilman v. Com., 657 S.E.2d 474 (Va. 2008).
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Gilman v. Com., 657 S.E.2d 474 (Va. 2008). · cites it 10× “In contrast, Code §§ 16.1-132 and -136, on which Gilman relies in asserting her confrontation claim, provide among other things a general right of appeal from criminal convictions in the district courts.”
Wright v. Commonwealth, 667 S.E.2d 787 (Va. Ct. App. 2008). · cites it 8× “See Code § 16.1-132 (right of appeal from misdemeanor conviction in the district court).”
Peple v. Peple, 364 S.E.2d 232 (Va. Ct. App. 1988). · cites it 4× “1-244(A) as it read prior to and subsequent to its amendments beginning in 1984. The divestiture of jurisdiction in the juvenile court simply provides for an orderly transfer of concurrent jurisdiction to the sole jurisdiction of the superior circuit court.”
Allen v. Commonwealth, 549 S.E.2d 652 (Va. Ct. App. 2001). · cites it 8× “That same day, the appellant noted his appeal to the circuit court under Code § 16.1-132 for a de novo trial. On December 20, 1999, the appellant withdrew his appeal pursuant to Code § 16.”
Jackson v. Commonwealth, 594 S.E.2d 595 (Va. 2004). · cites it 2× “Accordingly, we will reverse the judgment of the Court of Appeals and dismiss the indictments against Jackson.”
Painter v. Commonwealth, 623 S.E.2d 408 (Va. Ct. App. 2005). · cites it 6× “2 *231 Appellant thereafter appealed her misdemeanor conviction to the Rockingham County Circuit Court pursuant to Code § 16.1-132. 3 Prior to appellant’s trial on appeal from the district court, the circuit court granted the Commonwealth’s motion, without any objection from…”
Corbin v. Commonwealth, 604 S.E.2d 111 (Va. Ct. App. 2004). · cites it 6× “2-398 only addresses the disposition of an operator’s license when an appeal is noted from the general district *207 court to the circuit court under Code § 16.1-132. 5 Appellant challenges this finding, arguing that there is no statutory support for such an interpretation.”
Parker v. Commonwealth, 592 S.E.2d 358 (Va. Ct. App. 2004). · cites it 4× “Code §§ 16.1-132 and 17.1-513. Moreover, in her motions and supporting briefs on appeal, Parker does not contend that the offense occurred outside the Commonwealth of Virginia, or that the court otherwise lacked jurisdiction over her person.”
Hairfield v. Commonwealth, 376 S.E.2d 796 (Va. Ct. App. 1989). · cites it 12× “The Commonwealth argues that a transfer order is not final, but interlocutory in nature, because the juvenile court makes no adjudication of innocence or guilt.”
Peterson v. Commonwealth, 363 S.E.2d 440 (Va. Ct. App. 1987). · cites it 4× “When the defendant in this case appealed her misdemeanor possession conviction to the circuit court, as she had a right to do under Code § 16.1-132, her conviction was vacated.”
Santen v. Tuthill, 578 S.E.2d 788 (Va. 2003). · cites it 4× ““Any person convicted in a district court of an offense not felonious shall have the right .”
Baker v. Elmendorf, 628 S.E.2d 358 (Va. 2006). · cites it 8× “In this appeal, we decide whether a criminal conviction rendered in general district court but appealed pursuant to Code § 16.1-132 is admissible in a subsequent civil action for malicious prosecution.”
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