Va. Code » Title 19.2. Criminal Procedure » Chapter 18. Sentence; Judgment; Execution of Sentence » Article 1. General Provisions
Virginia Code

Va. Code Ann. § 19.2-303.1 (2026)

Fixing period of suspension of sentence

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In any case where a court suspends the imposition or execution of a sentence, it may fix the period of suspension for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned; however, the court may fix the period of suspension for a period not to exceed three years for a violation of § 18.2-67.4 or 18.2-67.4:2. The limitation on the period of suspension shall not apply to the extent that an additional period of suspension is necessary for the defendant to participate in a court-ordered program.

1982, c. 636; 2021, Sp. Sess. I, c. 538; 2024, c. 485.

Notes of Decisions
Cited in 43 cases (17 in the last 5 years), 1990–2025 · leading case: Briggs v. Commonwealth, 464 S.E.2d 512 (Va. Ct. App. 1995).
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Briggs v. Commonwealth, 464 S.E.2d 512 (Va. Ct. App. 1995). · cites it 20× “2-306 indicates that the legislature intended to limit the trial court's authority under Code § 19.2-303.1 to fix a period of suspension for a "reasonable time .”
Patterson v. Commonwealth, 575 S.E.2d 583 (Va. Ct. App. 2003). · cites it 6× “Void or Unlawful Sentence Patterson also argues on appeal, as he did before the trial court, that the trial court had jurisdiction to terminate the period of suspension of his sentence because the twenty-year suspension of his sentence was so unreasonable, in relation to the…”
Wright v. Commonwealth, 526 S.E.2d 784 (Va. Ct. App. 2000). · cites it 8× “” Code § 19.2-303.1. The court may, for any cause deemed by it sufficient which occurred at any time within .”
Robert Batten Dunham, Jr. v. Commonwealth of Virginia, 721 S.E.2d 824 (Va. Ct. App. 2012). · cites it 4× “” Code § 19.2-303.1 authorizes a trial court to “fix the period of suspension for a reasonable time, having due regard to the gravity of the offense, without regard to the maximum period for which the defendant might have been sentenced.”
Charlie Luther Wilson, Jr. v. Commonwealth of Virginia, 793 S.E.2d 15 (Va. Ct. App. 2016). · cites it 2× “” Code § 19.2-303.1 authorizes a circuit court to “fix the period of suspension for a reasonable time, having due regard to the gravity of the offense, without regard to the maximum period for which the defendant might have been sentenced.”
Simmers v. Commonwealth, 398 S.E.2d 693 (Va. Ct. App. 1990). · cites it 5× “Code § 19.2-303.1 1 specifically provides for the suspension of execution of a sentence without regard to the maximum period to which the defendant might have been sentenced.”
Carbaugh v. Commonwealth, 449 S.E.2d 264 (Va. Ct. App. 1994). · cites it 2× “After a defendant is convicted, the sentencing judge is given by statute the discretion to “suspend imposition of sentence or suspend the sentence in whole or in part and in addition may place the accused on probation under such conditions as the [judge] shall determine.”
Hannah v. Commonwealth, 899 S.E.2d 621 (Va. 2024). · cites it 32× “” Code § 19.2-303.1 (as enacted, 1982). In April 2021, the General Assembly amended and reenacted Code § 19.”
Antwan Deangelo Barrow v. Commonwealth of Virginia, 904 S.E.2d 297 (Va. Ct. App. 2024). · cites it 14× “2-303 governs trial courts’ sentencing authority at the initial sentencing, Code § 19.2-303.1 governs trial courts’ authority to impose periods of probation and resuspension at both the initial sentencing and subsequent revocation proceedings, and Code § 19.”
Hannah v. Commonwealth, 899 S.E.2d 621 (Va. 2024). · cites it 32× “” Code § 19.2-303.1 (as enacted, 1982). In April 2021, the General Assembly amended and reenacted Code § 19.”
Scott Michael Story v. Commonwealth of Virginia, No. 1794234 (Va. Ct. App. Apr. 8, 2025). · cites it 30× “Finally, the General Assembly amended Code § 19.2-303.1, which currently states, in relevant part: In any case where a court suspends the imposition or execution of a sentence, it may fix the period of suspension for up to the statutory maximum period for which the defendant…”
Stanley Edward Johnson v. Commonwealth of Virginia, No. 0820221 (Va. Ct. App. Aug. 1, 2023). · cites it 21× “” The trial court observed that, in 2003, Code § 19.2-303.1 permitted the court to “fix the period of suspension without regard to the maximum applicable sentence period.”
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