Virginia criminal charge
Certain premises deemed common nuisance in Virginia
Certain premises deemed common nuisance is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-258. 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. § 18.2-258.
What is the penalty for certain premises deemed common nuisance in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (First offense - common nuisance — Applies to a first offense of knowingly permitting, establishing, keeping, or maintaining a common nuisance premises used for illegal drug activity.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (First offense - common nuisance — Applies to a first offense of knowingly permitting, establishing, keeping, or maintaining a common nuisance premises used for illegal drug activity.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Second or subsequent offense - common nuisance — Applies when the person has a second or subsequent conviction for knowingly permitting, establishing, keeping, or maintaining such a common nuisance.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Second or subsequent offense - common nuisance — Applies when the person has a second or subsequent conviction for knowingly permitting, establishing, keeping, or maintaining such a common nuisance.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is certain premises deemed common nuisance classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First offense - common nuisance | Class 1 Misdemeanor | Applies to a first offense of knowingly permitting, establishing, keeping, or maintaining a common nuisance premises used for illegal drug activity. | Va. Code Ann. § 18.2-258undefined |
| Second or subsequent offense - common nuisance | Class 6 Felony | Applies when the person has a second or subsequent conviction for knowingly permitting, establishing, keeping, or maintaining such a common nuisance. | Va. Code Ann. § 18.2-258undefined |
Common questions about certain premises deemed common nuisance in Virginia
Is certain premises deemed common nuisance a felony or a misdemeanor in Virginia?
It depends on the circumstances: certain premises deemed common nuisance ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-258.
First offense - common nuisance: class 1 misdemeanor (Va. Code Ann. § 18.2-258) · Second or subsequent offense - common nuisance: class 6 felony (Va. Code Ann. § 18.2-258)
What are the penalties for certain premises deemed common nuisance in Virginia?
Which Virginia statute covers certain premises deemed common nuisance?
Certain premises deemed common nuisance is governed by Va. Code Ann. § 18.2-258 (Certain premises deemed common nuisance; penalty).
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.