Criminal Law Basics
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
Lesson goal
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To provide an introduction to the basics of criminal law
in Virginia.
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
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Students will learn:
How crimes are defined in Virginia law:
• What felonies and misdemeanors are
• How penalties for violating laws are classified
and defined
• Hidden consequences for committing a crime
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
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How crimes are defined
A crime is an act that violates the law either:
• By doing something the law says you are not to do, or
• By not doing something the law says you must do.
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
Reminder
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Remember, even if a person doesn’t know the law, if he or
she breaks the law, he or she is guilty of a crime. The
statement “ignorance of the law is no excuse” is an ancient
legal doctrine.
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
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Where laws originate
Laws are enacted by our representatives at the federal,
state, and local levels.
Enacting laws involves a process that allows us to have
input.
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Laws generally represent the rules that we, as a people,
think people should live by.
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
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Classes of crime
Crimes are organized into two main classifications: felonies
and misdemeanors.
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A felony is a serious crime punishable by death or a term
of imprisonment in a state or federal prison for at least
one year and a possible fine.
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•
A misdemeanor is a lesser crime punishable by local jail
time of not more than one year and/or a possible fine.
Some offenses may either be a misdemeanor or a felony
depending on the circumstances surrounding the crime
and the degree of the criminal act.
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
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Punishment for felonies
Felonies are classified into categories called classes.
• Punishment for a Class 1 Felony: Death
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
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Capital offenses
Virginia is a capital punishment state. This means offenders
may be executed. Examples of capital crimes include, but
are not limited to
• murder for hire
• murder of a law enforcement officer
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• murder by a prisoner
• multiple killings
• murder arising from a drug crime, and
• killing a child younger than 14 years old by a person 21
years or older.
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
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Treating juveniles as adults
The Class 1 Felony description refers to a person less
than 16 years of age and prescribes life in prison rather
than death.
It is important to know that someone as young as 14 may
be tried as an adult (Code of Virginia §16.1-291).
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In determining whether a juvenile will be tried as an
adult, the court examines many factors, including the
seriousness of the crime and the juvenile’s role in
the crime.
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
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Punishment for felonies, cont.
• Class 2 Felony: Imprisonment for 20 years to life, and a
possible fine of not more than $100,000.
• Class 3 Felony: Imprisonment for five to 20 years, and a
possible fine of not more than $100,000.
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• Class 4 Felony: Imprisonment for two to 10 years, and a
possible fine of not more than $100,000.
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
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Punishment for felonies, cont.
• Class 5 Felony: Imprisonment for one to 10 years or
confinement in jail for not more than 12 months, and/or
a possible fine of not more than $2,500.
• Class 6 Felony: Imprisonment for to five years or
confinement in jail for not
more than 12 months, and/or
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a possible fine of not more than $2,500.
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
Prisons
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Prisons are correctional facilities run by the state or federal
government.
• Persons in state prisons have broken state laws and
have been sentenced to more than 12 months.
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• Persons in federal prisons
have broken federal laws.
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
Jails
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Jails are local correctional facilities, operated by localities;
regional jails are operated by groups of localities.
• Persons in jails are either awaiting trial and/or final
sentencing, or have been sentenced to confinement of
no more than 12 months.
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
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Punishment for misdemeanors
Misdemeanors are classified into categories called classes.
• Class 1 Misdemeanor: Confinement in jail for not more than
12 months and/or a possible fine of not more than $2,500.
• Class 2 Misdemeanor: Confinement in jail for not more than
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six months and/or a possible
fine of not more than $1,000.
• Class 3 Misdemeanor: A fine of not more than $500.
• Class 4 Misdemeanor: A fine of not more than $250.
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
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Other consequences of crime
A person convicted of a crime:
• Develops a criminal record
• Embarrasses his or her family and friends
• Loses the opportunity to hold certain jobs
• Cannot serve in the armed services
• May lose driving privileges
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More specifically, adults convicted of a felony:
• Lose their right to vote
• Lose their right to possess a firearm
• Lose their right to run for public office
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CRIMINAL LAW BASICS
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Review and recap
You have learned:
• How crimes are defined in Virginia law.
• That being ignorant of the law is no excuse.
• What felonies and misdemeanors are.
• How penalties for violating laws are classified
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and defined.
• Some of the hidden consequences for committing
a crime.
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
OFFICE OF THE ATTORNEY GENERAL
COMMONWEALTH OF VIRGINIA •
WWW.AG.VIRGINIA.GOV
For more information about Virginia laws that affect
teens, visit www.virginiarules.org
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