On a third or subsequent conviction of any offense contained in Article 4 (§ 18.2-279 et seq.), 5 (§ 18.2-288 et seq.), 6 (§ 18.2-299 et seq.), or 7 (§ 18.2-308.1 et seq.) of Chapter 7 of Title 18.2, which would ordinarily be punished as a Class 1 misdemeanor, where it is alleged in the information or indictment on which the person is convicted, that (i) such person has been twice previously convicted of a violation of any Class 1 misdemeanor or felony offense contained in either Article 4, 5, 6, or 7 of Chapter 7 of Title 18.2 or § 18.2-53.1, or of a substantially similar offense under the law of any other jurisdiction of the United States, and (ii) each such violation occurred on a different date, such person is guilty of a Class 6 felony.
1994, c. 731.
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 2005–2024 · leading case:
Washington v. Commonwealth, 616 S.E.2d 774 (Va. Ct. App. 2005).
Washington v. Commonwealth, 616 S.E.2d 774 (Va. Ct. App. 2005).
“3:1 (street gang crimes); § 18.2-67.5:1 to-67.5:3 (sexual offenders); § 18.”
Darrell Vincent Dunkum v. Commonwealth of Virginia, No. 0198232 (Va. Ct. App. Apr. 23, 2024).
· cites it 2× “” Code § 18.2-311.2. -4- both drinking all day and who was angry about the officers’ presence on his property, deliberately grabbing a firearm while loudly demanding that they leave.”
Washington v. Com., 616 S.E.2d 774 (Va. Ct. App. 2005).
“2-46.3:1 (street gang crimes); § 18.2-67.”
Roy Quionne Artis v. Commonwealth of Virginia, 882 S.E.2d 478 (Va. Ct. App. 2023).
· cites it 2× “2 (assault and battery against a family or household member), Code § 18.2-311.2 (third conviction of firearm offenses) (all specifically requiring that the fact of prior conviction be “alleged in the warrant, indictment or information”); Code § 18.”
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treatment. Dots show Syfertize treatment of the citing case itself.