Virginia Code

Va. Code Ann. § 18.2-11 (2026)

Punishment for conviction of misdemeanor

✓ current as of May 2026

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The authorized punishments for conviction of a misdemeanor are:

(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

(b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.

(d) For Class 4 misdemeanors, a fine of not more than $250.

For a misdemeanor 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 subsection B of that section in addition to any other penalty provided by law.

1975, cc. 14, 15; 1990, c. 788; 2000, c. 770.

Notes of Decisions

Cited in 73 cases (16 in the last 5 years), 1986–2026 · leading case: Virginia v. Moore, 553 U.S. 164 (2008).

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Virginia v. Moore, 553 U.S. 164 (2008). · cites it 2× “They had heard over the police radio that a person known as "Chubs" was driving with a suspended license, and one of the officers knew Moore by that nickname. The officers determined that Moore's license was in fact suspended, and arrested him for the misdemeanor of driving on a…”

Manning v. Caldwell for City of Roanoke, 930 F.3d 264 (4th Cir. 2019). · cites it 2× “" Va. Code § 18.2-11(a). Individuals who have not been interdicted are subject only to a "fine of not more than $250" for public intoxication.”

Clarke v. Galdamez, 789 S.E.2d 106 (Va. 2016). · cites it 4× “Galdamez's attorney negotiated a plea agreement with the prosecutor that involved reducing the felony hit-and-run charge to a misdemeanor hit-and-run charge, a Class 1 misdemeanor with a maximum sentence of 12 months in jail, Code §§ 18.2-11(a), 46.2-894. The plea agreement…”

Brown v. City of Danville, 606 S.E.2d 523 (Va. Ct. App. 2004). · cites it 2× “See Code § 18.2-11 (providing that the maximum sentence for a Class 1 misdemeanor is twelve months and that the maximum sentence for a Class 2 misdemeanor is six months).”

Penton v. City of Norfolk, 428 S.E.2d 309 (Va. Ct. App. 1993). · cites it 9× “Prior to July 1, 1990, Code § 18.2-11 provided that the maximum punishment for a Class 1 misdemeanor was twelve months in jail and/or a $1,000 fine.”

Smith v. Commonwealth, 722 S.E.2d 310 (Va. Ct. App. 2012). · cites it 2× “” Code § 18.2-11. The sentence imposed on Smith at the revocation hearing was six months of the original twelve-month suspended sentence.”

Hudgins v. Commonwealth, 597 S.E.2d 221 (Va. Ct. App. 2004). · cites it 4× “Code § 18.2-11. The conclusion that proof of value is an essential element of the crime of grand larceny from the person is also rooted in the common law's treatment of the facts used to impose certain penalties upon conviction and in the constitutional due process guarantee.”

United States v. Brandon Locke, 932 F.3d 196 (4th Cir. 2019). · cites it 2× “Va. Code § 18.2-11. The Virginia Constitution guarantees criminal defendants the right to a jury trial, but permits laws “providing for the trial of offenses not felonious by a court not of record without a jury, preserving the right of the accused to an appeal and a trial by…”

Melvin Rodriguez Cabrera v. William Barr, 930 F.3d 627 (4th Cir. 2019). “2-128(A), meaning that the maximum punishment for its violation is a "fine of not more than $500," Va. Code § 18.2-11(c). No one contends that a simple trespass upon church property is a crime involving moral turpitude.”

Turner v. Commonwealth, 680 S.E.2d 312 (Va. Ct. App. 2009). · cites it 4× “Code § 18.2-11 further defines the punishment for this misdemeanor as "confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.”

Sargent v. Commonwealth, 360 S.E.2d 895 (Va. Ct. App. 1987). · cites it 2× “Code § 18.2-11 provides that upon conviction of a Class I misdemeanor the defendant may be sentenced to confinement in jail for not more than twelve months and fine of not more than $1,000.”

Nesbit v. Commonwealth, 424 S.E.2d 239 (Va. Ct. App. 1992). · cites it 4× “See Code § 18.2-11. Because the trial court erred in imposing a sentence of thirty days in jail, we need not address issue two and that portion of the trial court’s order imposing punishment is vacated and the case is remanded to the trial court for resentencing in accordance…”

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— Va. Code Ann. § 18.2-11(a) — 18 cases

Manning v. Caldwell for City of Roanoke, 930 F.3d 264 (4th Cir. 2019). “" Va. Code § 18.2-11(a). Individuals who have not been interdicted are subject only to a "fine of not more than $250" for public intoxication.”

Clarke v. Galdamez, 789 S.E.2d 106 (Va. 2016). “Galdamez's attorney negotiated a plea agreement with the prosecutor that involved reducing the felony hit-and-run charge to a misdemeanor hit-and-run charge, a Class 1 misdemeanor with a maximum sentence of 12 months in jail, Code §§ 18.2-11(a), 46.2-894. The plea agreement…”

Overbey v. Commonwealth, 623 S.E.2d 904 (Va. 2006).

Salvatierra v. City of Falls Church, 546 S.E.2d 214 (Va. Ct. App. 2001).

Bryan Manning v. Donald Caldwell, 900 F.3d 139 (4th Cir. 2018).

— Va. Code Ann. § 18.2-11(b) — 1 case

Toni Sue Stacey v. Commonwealth of Virginia (Va. Ct. App. 2022).

— Va. Code Ann. § 18.2-11(c) — 4 cases

State v. Sanders, 2008 WI 85 (Wis. 2008).

Derek Lee Nisbet v. City of Virginia Beach (Va. Ct. App. 2004).

Nelson Ray Lamb, Jr v. Commonwealth (Va. Ct. App. 2003).

— Va. Code Ann. § 18.2-11(d) — 1 case

Am. Civil Liberties Union v. City of Albuquerque, 992 P.2d 866 (N.M. 1999).

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