Virginia criminal charge
What constitutes an unlawful assembly in Virginia
What constitutes an unlawful assembly is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-406. 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. § 18.2-406.
What is the penalty for what constitutes an unlawful assembly in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Participation in unlawful assembly — Applies to any person who participates in an unlawful assembly, without carrying a weapon.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Participation in unlawful assembly — Applies to any person who participates in an unlawful assembly, without carrying a weapon.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 10 years (Participation in unlawful assembly while armed — Applies if the person carried a firearm or other deadly or dangerous weapon while participating in the unlawful assembly.; 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 (Participation in unlawful assembly while armed — Applies if the person carried a firearm or other deadly or dangerous weapon while participating in the unlawful assembly.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is what constitutes an unlawful assembly classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Participation in unlawful assembly | Class 1 Misdemeanor | Applies to any person who participates in an unlawful assembly, without carrying a weapon. | Va. Code Ann. § 18.2-406undefined |
| Participation in unlawful assembly while armed | Class 5 Felony | Applies if the person carried a firearm or other deadly or dangerous weapon while participating in the unlawful assembly. | Va. Code Ann. § 18.2-406undefined |
Common questions about what constitutes an unlawful assembly in Virginia
Is what constitutes an unlawful assembly a felony or a misdemeanor in Virginia?
It depends on the circumstances: what constitutes an unlawful assembly ranges from a class 1 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-406.
Participation in unlawful assembly: class 1 misdemeanor (Va. Code Ann. § 18.2-406) · Participation in unlawful assembly while armed: class 5 felony (Va. Code Ann. § 18.2-406)
What are the penalties for what constitutes an unlawful assembly in Virginia?
Which Virginia statute covers what constitutes an unlawful assembly?
What constitutes an unlawful assembly is governed by Va. Code Ann. § 18.2-406 (What constitutes an unlawful assembly; punishment).
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.