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Virginia criminal charge

Same in Virginia

Current through 2026 Virginia legislative session

Same is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-232. 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. § 18.2-232.

What is the penalty for same in Virginia?

Penalties for Same
PenaltyRangeBasisAuthority
Fineup to $500 (First offense violation — Applies to a first violation of any provision of §§ 18.2-226 through 18.2-231.; fine only — no jail (§ 18.2-11(c)))discretionaryVa. Code Ann. § 18.2-11
Jail / prisonup to 12 months (Second or subsequent offense — Applies when the violator commits a second or any subsequent offense under §§ 18.2-226 through 18.2-231.)discretionaryVa. Code Ann. § 18.2-11
Fineup to $2,500 (Second or subsequent offense — Applies when the violator commits a second or any subsequent offense under §§ 18.2-226 through 18.2-231.; either or both with confinement (§ 18.2-11(a)))discretionaryVa. Code Ann. § 18.2-11

Applies to current.

How is same classified in Virginia?

The classification depends on the circumstances:

Classification variants for Same
VariantClassificationWhen it appliesStatute
First offense violationClass 3 MisdemeanorApplies to a first violation of any provision of §§ 18.2-226 through 18.2-231.Va. Code Ann. § 18.2-232undefined
Second or subsequent offenseClass 1 MisdemeanorApplies when the violator commits a second or any subsequent offense under §§ 18.2-226 through 18.2-231.Va. Code Ann. § 18.2-232undefined

Common questions about same in Virginia

Is same a felony or a misdemeanor in Virginia?

It depends on the circumstances: same ranges from a class 3 misdemeanor to a class 1 misdemeanor in Virginia under Va. Code Ann. § 18.2-232.

First offense violation: class 3 misdemeanor (Va. Code Ann. § 18.2-232) · Second or subsequent offense: class 1 misdemeanor (Va. Code Ann. § 18.2-232)

What are the penalties for same in Virginia?

Penalties for same in Virginia depend on how it is classified — from a class 3 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 same?

Same is governed by Va. Code Ann. § 18.2-232 (Same; punishment for violation of §§ 18.2-226 through 18.2-231).

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.