Virginia criminal charge
Third or subsequent conviction of criminal street gang crimes in Virginia
Third or subsequent conviction of criminal street gang crimes is a Class 2 Felony under Virginia criminal law, defined by Va. Code Ann. § 18.2-46.3:1. As a Class 2 Felony, it is punishable within the statutory sentencing range Virginia sets for that offense class. Virginia classifies offenses as Class 1 through Class 6 felonies and Class 1 through Class 4 misdemeanors (Va. Code Ann. § 18.2-9), with the standard punishment ranges set by §§ 18.2-10 and 18.2-11 — and a substantial number of offenses are unclassified, with the penalty stated in the defining section itself. Traffic infractions are not criminal offenses (§ 18.2-8).
Defined by Va. Code Ann. § 18.2-46.3:1.
What is the penalty for third or subsequent conviction of criminal street gang crimes in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | at least 20 years (imprisonment for life or for any term not less than 20 years) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
Common questions about third or subsequent conviction of criminal street gang crimes in Virginia
Is third or subsequent conviction of criminal street gang crimes a felony or a misdemeanor in Virginia?
Third or subsequent conviction of criminal street gang crimes is a class 2 felony in Virginia under Va. Code Ann. § 18.2-46.3:1.
What are the penalties for third or subsequent conviction of criminal street gang crimes in Virginia?
As a class 2 felony, third or subsequent conviction of criminal street gang crimes carries imprisonment for life or for any term not less than 20 years of incarceration and a fine of up to $100,000 (no mandatory minimum) under Va. Code Ann. § 18.2-10 (current).
Which Virginia statute covers third or subsequent conviction of criminal street gang crimes?
Third or subsequent conviction of criminal street gang crimes is governed by Va. Code Ann. § 18.2-46.3:1 (Third or subsequent conviction of criminal street gang crimes).
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.