Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 3. Inchoate Offenses » Article 2. Attempts
Virginia Code

Va. Code Ann. § 18.2-26 (2026)

Attempts to commit felonies other than Class 1 felony offenses; how punished

✓ current as of May 2026
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Except as provided in § 18.2-25, every person who attempts to commit an offense that is a felony shall be punished as follows:

(1) If the felony attempted is punishable by a maximum punishment of life imprisonment or a term of years in excess of twenty years, an attempt thereat shall be punishable as a Class 4 felony.

(2) If the felony attempted is punishable by a maximum punishment of twenty years' imprisonment, an attempt thereat shall be punishable as a Class 5 felony.

(3) If the felony attempted is punishable by a maximum punishment of less than twenty years' imprisonment, an attempt thereat shall be punishable as a Class 6 felony.

Code 1950, §§ 18.1-17, 18.1-18; 1960, c. 358; 1975, cc. 14, 15; 1994, c. 639; 2021, Sp. Sess. I, cc. 344, 345.

Notes of Decisions
Cited in 148 cases (37 in the last 5 years), 1981–2026 · leading case: Vasquez v. Commonwealth, 781 S.E.2d 920 (Va. 2016).
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Vasquez v. Commonwealth, 781 S.E.2d 920 (Va. 2016). · cites it 2× “at 88-94 (Valentin's Sentencing Order). The Court of Appeals granted Valentin's assignment of error regarding the sufficiency of the evidence for attempted anal intercourse by force, threat, or intimidation in violation of Code §§ 18.”
Smith v. Commonwealth, 697 S.E.2d 14 (Va. Ct. App. 2010). · cites it 4× “2-48, and attempted rape, in violation of Code §§ 18.2-26 and 18.2-61. Appellant contends the evidence is insufficient to prove he committed the offenses.”
Sabo v. Commonwealth, 561 S.E.2d 761 (Va. Ct. App. 2002). · cites it 4× “The appellant, Kevin Sabo, appeals his conviction for attempted malicious wounding, in violation of Code §§ 18.2-26 and 18.2-51. Sabo contends the trial court erred in: (1) refusing to suppress tape-recorded statements he made to Heather Lawrence; (2) admitting those audiotaped…”
Jay v. Com., 659 S.E.2d 311 (Va. 2008). · cites it 2× “Code §§ 18.2-26 and 18.2-58 fix the punishment for an attempt to commit a noncapital felony and for robbery, respectively.”
Carlos Matthew Bell v. Commonwealth of Virginia, 788 S.E.2d 272 (Va. Ct. App. 2016). · cites it 2× “Carlos Matthew Bell (“appellant”) was convicted by a jury of three felonies: attempted murder, in violation of Code §§ 18.2-26 and 18.2-32; aggravated malicious wounding, in violation of Code § 18.”
Towler v. Commonwealth, 718 S.E.2d 463 (Va. Ct. App. 2011). · cites it 2× “2-58, attempted robbery, in violation of *288 Code §§ 18.2-26 and 18.2-58, statutory burglary, 1 in violation of Code § 18.”
McFadden v. Commonwealth, 348 S.E.2d 847 (Va. Ct. App. 1986). · cites it 8× “2-346 excepted her actions from the general statutory scheme embodied in Code § 18.2-26, and that the Commonwealth was therefore precluded from prosecuting her for any *229 greater offense than prostitution, which is a misdemeanor.”
Marshall v. Commonwealth, 496 S.E.2d 120 (Va. Ct. App. 1998). · cites it 4× “James Matthew Marshall (appellant) appeals from his bench trial conviction by the Circuit Court of Newport News (trial court) for attempted object sexual penetration in violation of Code §§ 18.2-26 and 18.2-67.2 and first degree (felony) murder in violation of Code § 18.”
Barnes v. Commonwealth, 360 S.E.2d 196 (Va. 1987). · cites it 4× “1, and was sentenced to 2 years in prison; attempted robbery, and was sentenced in accordance with Code §§ 18.2-26 and 18.2-58 to 10 years in prison; and use of a firearm in the commission of an attempted robbery (second or subsequent offense), in violation of Code § 18.”
Brooker v. Commonwealth, 587 S.E.2d 732 (Va. Ct. App. 2003). · cites it 4× “James Gangga Brooker, appellant, was convicted of two counts of attempting to take indecent liberties with a child in violation of Code §§ 18.2-26 and 18.2-370. He was also convicted of three counts of the use of a communications system for soliciting a minor in a sex crime in…”
Moses v. Commonwealth, 611 S.E.2d 607 (Va. Ct. App. 2005). · cites it 4× “2-370(1) (proscribing indecent liberties with children); see also Code § 18.2-26 (proscribing attempts to commit noncapital felonies).”
Commonwealth v. Giddens, 816 S.E.2d 290 (Va. 2018). · cites it 2× “BACKGROUND Giddens was convicted of carnal knowledge and attempted carnal knowledge, in violation of Code §§ 18.2-26 and 18.2-63. These convictions constitute "sexually violent offenses" under the Civil Commitment of Sexually Violent Predators Act ("SVP Act").”
Show all 148 citing cases →
— Va. Code Ann. § 18.2-26(1) — 4 cases
Liam Wallace Bates v. Commonwealth of Virginia (Va. Ct. App. 2024).
Demetrus D. Baldwin, s/k/a Demetrius Baldwin v. Commonwealth (Va. Ct. App. 2006).
Harvey Eugene Smith, Jr., s/k/a Harvey Eugene Williams, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2013).
Gary Wayne Simmons v. Commonwealth of Virginia (Va. Ct. App. 2000).
— Va. Code Ann. § 18.2-26(3) — 1 case
Battlefield Builders, Inc. v. Thomas W. Swango Sarah J. Swango Harry H. Horning Susan M. Horning & Fin. Plan. Ctr. of Manassas, Inc., 743 F.2d 1060 (4th Cir. 1984).
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