Virginia criminal charge
Conspiracy to commit felony in Virginia
Conspiracy to commit felony is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-22. 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. § 18.2-22.
What is the penalty for conspiracy to commit felony in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 20 years (Conspiracy to commit Class 1 felony — Applies when the underlying felony conspired to commit is punishable as a Class 1 felony.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Conspiracy to commit Class 1 felony — Applies when the underlying felony conspired to commit is punishable as a Class 1 felony.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Conspiracy to commit other felony — Applies when the underlying felony conspired to commit is any felony other than a Class 1 felony.; 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(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Conspiracy to commit other felony — Applies when the underlying felony conspired to commit is any felony other than a Class 1 felony.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is conspiracy to commit felony classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Conspiracy to commit Class 1 felony | Class 3 Felony | Applies when the underlying felony conspired to commit is punishable as a Class 1 felony. | Va. Code Ann. § 18.2-221 |
| Conspiracy to commit other felony | Class 5 Felony | Applies when the underlying felony conspired to commit is any felony other than a Class 1 felony. | Va. Code Ann. § 18.2-222 |
Common questions about conspiracy to commit felony in Virginia
Is conspiracy to commit felony a felony or a misdemeanor in Virginia?
It depends on the circumstances: conspiracy to commit felony ranges from a class 5 felony to a class 3 felony in Virginia under Va. Code Ann. § 18.2-22.
Conspiracy to commit Class 1 felony: class 3 felony (Va. Code Ann. § 18.2-221) · Conspiracy to commit other felony: class 5 felony (Va. Code Ann. § 18.2-222)
What are the penalties for conspiracy to commit felony in Virginia?
Penalties for conspiracy to commit felony in Virginia depend on how it is classified — from a class 5 felony up to a class 3 felony — with the ranges set by Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers conspiracy to commit felony?
Conspiracy to commit felony is governed by Va. Code Ann. § 18.2-22 (Conspiracy to commit felony).
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.