The authorized punishments for conviction of a felony are:
(a) For Class 1 felonies, imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. Any person who was 18 years of age or older at the time of the offense and who is sentenced to imprisonment for life upon conviction of a Class 1 felony shall not be eligible for (i) parole, (ii) any good conduct allowance or any earned sentence credits under Chapter 6 (§ 53.1-186 et seq.) of Title 53.1, or (iii) conditional release pursuant to § 53.1-40.01 or 53.1-40.02.
(b) For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
(c) For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
(d) For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.
(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in 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.
(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in 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.
(g) Except as specifically authorized in subdivision (e) or (f), the court shall impose either a sentence of imprisonment together with a fine, or imprisonment only. However, if the defendant is not a natural person, the court shall impose only a fine.
For any felony offense committed (i) on or after January 1, 1995, the court may, and (ii) on or after July 1, 2000, shall, except in cases in which the court orders a suspended term of confinement of at least six months, impose an additional term of incarceration of not less than six months nor more than three years, which shall be suspended conditioned upon successful completion of a period of probation pursuant to § 19.2-295.2 and compliance with such other terms as the sentencing court may require. However, such additional term may only be imposed when the sentence includes an active term of incarceration in a correctional facility.
For a felony offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in that section in addition to any other penalty provided by law.
1975, cc. 14, 15; 1977, c. 492; 1990, c. 788; 1991, c. 7; 1994, Sp. Sess. II, cc. 1, 2; 1995, c. 427; 2000, cc. 361, 767, 770; 2003, cc. 1031, 1040; 2006, cc. 36, 733; 2008, c. 579; 2017, cc. 86, 212; 2020, cc. 1115, 1116; 2021, Sp. Sess. I, cc. 344, 345; 2025, c. 716.
Notes of Decisions
Cited in
326
cases (
141 in the last 5 years), 1976–2026 · leading case:
Roper v. Simmons, 543 U.S. 551 (2005).
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 6× “§ 76-3-206 (1) (Lexis 2003) (no express minimum age) *580 Virginia Va. Code Ann. § 18.2-10 (a) (Lexis 2004) (minimum age of 16) II.”
Terra Nyree Hines v. Commonwealth of Virginia, 721 S.E.2d 792 (Va. Ct. App. 2012).
· cites it 20× “5 Ordinarily, this Court will harmonize the mandatory minimum sentence contained within a statute with the range of punishment authorized by its class specification under Code § 18.2-10. For example, Code § 18.2-308.”
Wright v. Com., 655 S.E.2d 7 (Va. 2008).
· cites it 14× “Code § 18.2-10(a). Under Rule 3A:8(c)(1)(C), a defendant and the Commonwealth may enter into a plea agreement in which the Commonwealth "[a]gree[s] that a specific sentence is the appropriate disposition of the case.”
Mouberry v. Commonwealth, 575 S.E.2d 567 (Va. Ct. App. 2003).
· cites it 7× “” Put another way, Mouberry contends that the language defining the offense as a Class 6 felony generates an ambiguity in the language of the statute, which, in turn, creates a conflict between Code §§ 18.2-10(f) and 18.2-308.2(A). From there, Mouberry invites us to resolve the…”
Porter v. Com., 661 S.E.2d 415 (Va. 2008).
· cites it 4× “The majority concludes that Porter did not establish a "particularized need" to have an expert assist him in presenting evidence to respond to the Commonwealth's contention that Porter was subject to the death penalty because he remained a continuing danger to society.”
Nuckoles v. Commonwealth, 407 S.E.2d 355 (Va. Ct. App. 1991).
· cites it 12× “” Code § 18.2-10(f). Although the statute authorizes a penitentiary sentence or a jail sentence, but not both, the trial judge creatively sentenced Nuckoles to both.”
Alston v. Com., 652 S.E.2d 456 (Va. 2007).
· cites it 4× “In the Commonwealth's view, since voluntary manslaughter is punishable as a Class 5 felony under Code § 18.2-10 with a maximum term of ten-years incarceration, Alston's sentence of three-years active incarceration and three-years postrelease supervision is within the Code § 18.”
Powell v. Commonwealth, 552 S.E.2d 344 (Va. 2001).
· cites it 6× “In 1991, the General Assembly amended Code § 18.2-10 in include the additional option of imposing a fine of not more than $100,000 in addition to a sentence of life imprisonment.”
Scott v. Commonwealth, 707 S.E.2d 17 (Va. Ct. App. 2011).
· cites it 4× “2-36, punishable by imprisonment for one to ten years, Code § 18.2-10(e). Here, Scott was sentenced to ten years imprisonment, which falls within the statutory range set by the legislature.”
Thomas v. Commonwealth, 819 S.E.2d 437 (Va. 2018).
· cites it 20× “At the time the court imposes sentence upon a conviction for any felony offense committed ... [the court] shall, in addition to any other punishment imposed if such other punishment includes an active term of incarceration in a state or local correctional facility, except in…”
Wright v. Commonwealth, 636 S.E.2d 489 (Va. Ct. App. 2006).
· cites it 16× “*63 Moreover, Virginia courts have specifically held that the mandatory post-release terms and supervision requirements of Code §§ 18.2-10 and 19.2-295.2 are to be read in conjunction with other sentencing statutes to give effect to the General Assembly’s intent.”
Winston v. Com., 604 S.E.2d 21 (Va. 2004).
· cites it 4× “2-31(7); two counts of robbery, Code §§ 18.2-10 and 18.2-58; statutory burglary, Code §§ 18.”
— Va. Code Ann. § 18.2-10(F) — 1 case
— Va. Code Ann. § 18.2-10(G) — 1 case
— Va. Code Ann. § 18.2-10(a) — 16 cases
— Va. Code Ann. § 18.2-10(b) — 14 cases
— Va. Code Ann. § 18.2-10(c) — 9 cases
— Va. Code Ann. § 18.2-10(d) — 19 cases
— Va. Code Ann. § 18.2-10(e) — 48 cases
Scott v. Commonwealth, 707 S.E.2d 17 (Va. Ct. App. 2011).
“2-36, punishable by imprisonment for one to ten years, Code § 18.2-10(e). Here, Scott was sentenced to ten years imprisonment, which falls within the statutory range set by the legislature.”
— Va. Code Ann. § 18.2-10(f) — 41 cases
Mouberry v. Commonwealth, 575 S.E.2d 567 (Va. Ct. App. 2003).
“” Put another way, Mouberry contends that the language defining the offense as a Class 6 felony generates an ambiguity in the language of the statute, which, in turn, creates a conflict between Code §§ 18.2-10(f) and 18.2-308.2(A). From there, Mouberry invites us to resolve the…”
Nuckoles v. Commonwealth, 407 S.E.2d 355 (Va. Ct. App. 1991).
“” Code § 18.2-10(f). Although the statute authorizes a penitentiary sentence or a jail sentence, but not both, the trial judge creatively sentenced Nuckoles to both.”
Scott v. Commonwealth, 707 S.E.2d 17 (Va. Ct. App. 2011).
“2-36, punishable by imprisonment for one to ten years, Code § 18.2-10(e). Here, Scott was sentenced to ten years imprisonment, which falls within the statutory range set by the legislature.”
— Va. Code Ann. § 18.2-10(g) — 11 cases
Wright v. Com., 655 S.E.2d 7 (Va. 2008).
“Code § 18.2-10(a). Under Rule 3A:8(c)(1)(C), a defendant and the Commonwealth may enter into a plea agreement in which the Commonwealth "[a]gree[s] that a specific sentence is the appropriate disposition of the case.”
Wright v. Commonwealth, 636 S.E.2d 489 (Va. Ct. App. 2006).
“*63 Moreover, Virginia courts have specifically held that the mandatory post-release terms and supervision requirements of Code §§ 18.2-10 and 19.2-295.2 are to be read in conjunction with other sentencing statutes to give effect to the General Assembly’s intent.”
Powell v. Commonwealth, 552 S.E.2d 344 (Va. 2001).
“In 1991, the General Assembly amended Code § 18.2-10 in include the additional option of imposing a fine of not more than $100,000 in addition to a sentence of life imprisonment.”
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