In Virginia, felonies are categorized into six classes. Each class includes different felonies and their sentences. Some of the felonies fall into more than one class. Regarding Class 5 felony, it involves domestic violence, sexual assault, injuring or killing animals, and extortion. Every felony is followed by a different charge. The charges of each felony affect an individual’s life to some extent. Generally, a detention term for Class 5 felony is minimum one year and maximum 10 years and a maximum fine of $2,500. The indictment of a felony will prevent a person from enjoying certain civil rights along with a probability of suspension of driving license. However, if you charged with a Class 5 felony first offense and carry no previous felony record, the situation becomes dissimilar.
According to Virginia code section 18.2-251, if a person has committed first offense under Class 5 felony, he is likely to be put on probation. Moreover, the court shows leniency to such offenders who have not gone through any court trials previously owing to a clear record. The court may defer proceedings against him if the judge resorts to a consent deal with the offender. However, if a person’s Class 5 felony first offense involves possession of drug, marijuana or other fatal substance, it is unlikely that he gets a consent deal with the court. On the contrary, he is placed on probation for as much as 12 months. Because drug laws enacted in the Virginia state are of harsh nature, an early settlement for your case is challenging. Penalties regarding possession of drug depend upon the quantity found during the probe. There are different schedules for each controlled substance, i.e., possession of cannabis or marijuana is a Schedule 1 controlled substance. The court demands the offender after completing jail probation to undergo assessment process and drug tests. He will also pay the required fee and then will be discharged. Completion of screening and education program is mandatory for the accused. Violation of any of the court conditions during a period of probation will result in a legal court proceeding against the accused. In this way, Class 5 felony first offense brings leniency in the cases, unlike other classes.
It is important to note here that there is a huge difference between punishments fall under Class 5 felony first offense and charges for malicious criminal records. Fortunately, there is number of defense lawyers exist in the state who take up the drug-related case for the first time offender. So, if you are charged with Class 5 felony with no previous record of felonies, you are advised to consult a knowledgeable and experienced defense lawyer who will guide you and support your case in a legal manner. There is a probability for drug possessing offenders who inaccurately came across Class 5 felony first offense to get early acquittal during probation, if such case is handled strongly by criminal lawyers. Sometimes the crime is committed unintentionally which is followed by complex court proceedings. Additionally, an offender suffers lament from his family and is obstructed while doing his daily activities. Therefore, it is always suggested to abide by the state laws and keep your record clean.