1.3 Terminology and Classes of Offenses

• Library: Defending Criminal Cases in Virginia (Virginia CLE) (2018 Ed.)

1.3 TERMINOLOGY AND CLASSES OF OFFENSES

1.301 Definitions. The following definitions provide the basis for understanding the language used in the statutes and rules and, thus, in this book:

1.	Clerk: Includes deputy clerk. 39
2.	Commonwealth's attorney: Includes assistant or acting commonwealth's attorney. 40
3.	Continuance: Includes adjournment or recess. 41
4.	Court: Any court vested with appropriate jurisdiction under the Constitution and laws of the commonwealth. 42
5.	Court not of record: Any court in the commonwealth below the jurisdictional level of the circuit court, including general district court and juvenile and domestic relations district court. 43
6.	District court: General district court and juvenile and domestic relations district court. 44

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7.	Indictment: Includes presentment and information filed upon presentment. 45
8.	Judge: Unless clearly indicated by the context, refers to any judge, associate or substitute judge of any court, or any magistrate. 46
9.	Magistrate: A judicial or quasi-judicial officer authorized to issue arrest and search warrants, commit arrested persons to jail or admit them to bail, or conduct preliminary hearings. 47
10.	Recognizance: An undertaking, with or without surety or other security, made before a magistrate to perform one or more acts—for example, to appear in court. A recognizance may be written or oral but, if oral, must be evidenced by a memorandum signed by the magistrate. 48

1.302 Classification of Crimes. Offenses are either felonies or misdemeanors. Offenses punishable with death or confinement in a state correctional facility are felonies, and all other offenses are misdemeanors. Traffic infractions are violations of public order as defined in Virginia Code section 46.2-100 and are not crimes.

The following classes of offenses and their punishments are set forth in Virginia Code sections 18.2-9 through 18.2-12.

Felonies.
	1.	Class 1: Death, or imprisonment for life, and a fine of not more than $100,000. 49
	2.	Class 2: Imprisonment for life or any term not less than 20 years, and a fine of not more than $100,000.

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3.	Class 3: Imprisonment of not less than 5 nor more than 20 years, and a fine of not more than $100,000.
4.	Class 4: Imprisonment of not less than 2 nor more than 10 years, and a fine of not more than $100,000.
5.

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