Felony Classes

Virginia's six felony classes under § 18.2-10, and what an unclassified felony — the one the sentencing guidelines mark "U" — actually is.

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Virginia classifies felonies into six numbered classes, Class 1 down to Class 6, with the punishment for each fixed by § 18.2-10. Class 6 is the least serious and the one a traffic case can reach: eluding police, a third DUI, driving on a revoked licence after a DUI-related suspension.

Not every Virginia felony carries a class. Where a statute sets its own punishment, § 18.2-14 says the offense is punished as that statute directs, and the sentencing guidelines mark it "U" for unclassified — which is where the phrase "Class U felony" comes from, and why you will not find one in the Code.

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