Virginia criminal charge
Aggressive driving in Virginia
Aggressive driving is a criminal offense under Virginia law, defined by Va. Code Ann. § 46.2-868.1. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 46.2-868.1.
What is the penalty for aggressive driving in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Aggressive driving (general) — Aggressive driving that is a hazard to another person or committed with intent to harass, intimidate, or obstruct another person, without intent to injure.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $1,000 (Aggressive driving (general) — Aggressive driving that is a hazard to another person or committed with intent to harass, intimidate, or obstruct another person, without intent to injure.; either or both with confinement (§ 18.2-11(b))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 12 months (Aggressive driving with intent to injure — Aggressive driving committed with the intent to injure another person.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Aggressive driving with intent to injure — Aggressive driving committed with the intent to injure another person.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is aggressive driving classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Aggressive driving (general) | Class 2 Misdemeanor | Aggressive driving that is a hazard to another person or committed with intent to harass, intimidate, or obstruct another person, without intent to injure. | Va. Code Ann. § 46.2-868.1B |
| Aggressive driving with intent to injure | Class 1 Misdemeanor | Aggressive driving committed with the intent to injure another person. | Va. Code Ann. § 46.2-868.1B |
Common questions about aggressive driving in Virginia
Is aggressive driving a felony or a misdemeanor in Virginia?
It depends on the circumstances: aggressive driving ranges from a class 2 misdemeanor to a class 1 misdemeanor in Virginia under Va. Code Ann. § 46.2-868.1.
Aggressive driving (general): class 2 misdemeanor (Va. Code Ann. § 46.2-868.1B) · Aggressive driving with intent to injure: class 1 misdemeanor (Va. Code Ann. § 46.2-868.1B)
What are the penalties for aggressive driving in Virginia?
Penalties for aggressive driving in Virginia depend on how it is classified — from a class 2 misdemeanor up to a class 1 misdemeanor — with the ranges set by Va. Code Ann. § 18.2-11; the full table of ranges by variant is published on this page.
Which Virginia statute covers aggressive driving?
Aggressive driving is governed by Va. Code Ann. § 46.2-868.1 (Aggressive driving; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.