The Difference Between Misdemeanors and Felonies in Virginia

Understanding the distinction between misdemeanors and felonies in Virginia is crucial for anyone involved in or interested in the criminal justice system. These two categories of crimes differ not only in severity but also in how they are processed through the courts. This post explains the key differences, the court procedures involved, and the rights to appeal misdemeanors to the circuit court.

What Defines a Misdemeanor and a Felony in Virginia?

Virginia classifies crimes into two broad categories based on their seriousness: misdemeanors and felonies.

• Misdemeanors are less serious crimes. Examples include petty theft, simple assault, and certain traffic offenses. Punishments usually involve fines, probation, or jail time of less than one year.

• Felonies are more serious offenses such as harder drug possession or distribution, grand larceny, burglary, robbery, or murder. Convictions can lead to prison sentences longer than one year, heavy fines, or even life imprisonment.

  
  

The classification affects not only the potential penalties but also the legal process and court jurisdiction.

How the Court System Handles Misdemeanors and Felonies

Virginia’s court system is structured to handle misdemeanors and felonies differently, starting with where the case is first heard.

Misdemeanors in General District Court

Misdemeanor cases begin and usually conclude in the General District Court (GDC) or the Juvenile and Domestic Relations Court (JDRC). In Virginia, these are called "courts not of record." This is because there is no requirement for there to be a court reporter at the proceedings (though you attorney may hire one for you to transcribe the testimony of witnesses). For misdemeanors, these lower courts handle:

• Initial hearings, such as arraignments and bond hearings

• Trials for misdemeanors

  
  

Because misdemeanors are less severe, the General District Court has full authority to conduct trials and issue verdicts for these cases.

Felonies and Preliminary Hearings

Felony cases also begin in the General District Court/Juvenile Domestic Relations Court (unless the matter is directly indicted to the Circuit Court), however the judges in GDC do not have the authority to find someone guilty or not guilty of a felony. Instead, they may conduct preliminary hearings. A preliminary hearing is where the court determines whether or not there is probable cause that a crime occurred, and if so the matter is sent to circuit court for a trial. Probable cause is a low standard (it is the same standard someone is arrested on), however unlike an arrest a defendant has the benefit of having an attorney with him. For more important about the importance of preliminary hearings, we have written an article specifically about them.

Once the preliminary hearing finds probable cause, the case moves to the Circuit Court, which has the authority to conduct felony trials.

The Right to Appeal Misdemeanor Cases

One important difference between misdemeanors and felonies in Virginia is the right to appeal.

• If a defendant is convicted of a misdemeanor in General District Court, they have the right to appeal the case to the Circuit Court.

• The appeal is a trial de novo, which is Latin for new. A defendant gets a second, brand new trial, as if the first one never even occurred in the first place. So in Virginia, for misdemeanors, a defendant gets two bites at the apple. However, your attorney will seek to have your charge dismissed or favorably resolved in the General District Court to avoid having to exercise the appeal right.

• Importantly, unlike the General District Court, you have the right to a jury trial in the circuit court. Sometimes it is strategic to opt for a jury trial, rather than a judge or bench trial, as jurors interpret evidence differently than judges.

Examples to Illustrate the Process

Consider these two scenarios involving similar crimes:

1. Misdemeanor Case

   Jane is charged with petit larceny, a misdemeanor of stealing less than $1000. Her case is heard in General District Court, where she is found guilty. Jane believes the verdict was unfair and appeals to the Circuit Court. The Circuit Court holds a new trial, where Jane can present evidence and witnesses again, and where she can be acquitted. However, if she is found not guilty in the general district court the first time, the case is over. The Commonwealth has no right to appeal, as double jeopardy protects Jane from being prosecuted twice after being found not guilty.

   
   

2. Felony Case

   John is charged with grand larceny, a felony of stealing more than $1000.. His case begins with a preliminary hearing in General District Court to determine if there is enough evidence. The judge finds probable cause, and the case moves to Circuit Court for trial. There will only be one trial in circuit court on the felony, and appeals from there are to the Court of Appeals which review the record for legal errors rather than a de novo trial.

Direct Indictments

Direct indictments were mentioned above. Typically, a felony charge begins with a warrant and an arrest. In those situations, someone has a right to a preliminary hearing. However, sometimes the Commonwealth decides to bypass the preliminary hearing, and instead presents the case directly to the grand jury in circuit court for an indictment. This is called a "direct indictment." In this scenario, if an indictment is returned as a "True Bill" then a capias (a type of arrest warrant) is issued and once served the case is automatically in the circuit court and set for trial.

Additionally, if a case is dismissed in the General District Court at a preliminary hearing, the Commonwealth can still proceed to take the matter to circuit court through a direct indictment. Double jeopardy protections unfortunately do not apply to a preliminary hearing.

Why These Differences Matter

If you are charged with a crime, it is important to understand the process. Misdemeanors are different than felonies. The purpose of a preliminary hearing for a felony is not to try the case, and your attorney may cross-examine witnesses much differently at a preliminary hearing than he would for a trial.

For misdemeanors, an unfavorable outcome in the General District Court is not the end. The appeal process is simple and straight forward (you simply sign your name at the clerk's office).

Final Thoughts on Virginia’s Criminal Court Process

Misdemeanors and felonies in Virginia differ significantly in how they are processed and adjudicated. Misdemeanors are tried in General District Court with the option to appeal to Circuit Court, while felonies begin with a preliminary hearing in General District Court before moving to Circuit Court for trial. Knowing these differences can help individuals navigate the legal system more effectively and understand their rights at each stage.

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Zoby & Broccoletti has been serving the Hampton Roads community for over 40 years. Our lawyers are considered the premier, go-to defense attorneys in the region. We handle all matters of cases, so whether you are charged with a misdemeanor, DUI, firearms charges, drug charges, sexual assault, burglary, white-collar crimes, robbery, or murder, we have the experience and the skill to help. We appear in courts all over Virginia, including Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, Franklin, Hampton, Newport News, Southampton, Northampton County, Accomack, York, Williamsburg, and beyond. Our attorneys also have vast experience in federal court.

Call or email us today for a free consultation, and learn about our attorneys below:

• James Broccoletti

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