In Virginia, Class 5 Felony is one of the felony classes. Felonies are often punishable by life imprisonment and even death and the lesser serious offenses result in the punishment of 12 months in jail. As per the law of Virginia, there are total six classes of felonies that are classified by the severity of the crime, the punishment, and charges according to the offense.
According to the law of Virginia, Class 5 Felony is also known as a “wobbler”. It is because the offense treads a fine line between the felony charges and a misdemeanor, which depends on the prosecution how they consider the case and treat it, further. In the law code of Virginia, Class 5 Felony penalties and charges can range widely. The wobbler crimes are also called hybrid crimes.
The prosecution is responsible for charging a criminal offense as a Class 5 felony or a misdemeanor. It depends on them how they choose to treat the conviction and charge them.
Under the law code of Virginia, Class 5 Felony can result in the punishment of either up to 12 months in jail and the penalty fine of maximum $2,500, or both, if treated as a misdemeanor. But, if the conviction is treated as Class 5 felony, the convicted can be imprisoned for one to maximum 10 years in jail. If Class 5 felony is reduced to the misdemeanor, it cannot only reduce the time of imprisonment but it will be much easier to get away with a charge of a misdemeanor than a felony.
As per the law code of Virginia, Class 5 Felony involves the crimes such as extortion, involuntary assassination, and sexual battery. Wobbler offenses can also include certain traffic violation offenses that have resulted in severe harm or danger, Burglary, Selling or receiving of the stolen goods and domestic Violence.
The least serious felony in the Virginia law is a Class 5 felony. If someone is charged with a wobbler crime or any offense that comes under class 5 felony, they may benefit from contacting and consulting a defense attorney in Virginia to defend you against the charge. However, some factors in the case need to be considered that can cause an offense to be elevated to a Class 5 felony. With strong legal representation and the absence of some facts, one has always a better chance of having the offense sentenced as a misdemeanor to avoid the charges and punishments that come under class 5 felony. Some examples of aggravating factors that might increase the severity of the offense can be the involvement of alcohol, marijuana or drugs, serious physical injury or death if the victim is a woman or a child and possession of weapons during the crime.
However, the defense attorney in Virginia is always ready to serve the ones that are convicted or are accused of Class 5 felony. The defense attorney helps their clients by establishing a strong defense against the charge and put every effort to carry out the best results possible.