How much jail or prison time is possible?

Asked about 1 year ago - Virginia Beach, VA

The suspended jail time on misdemeanor charges is as follows; 365 days, 365 days, 365 days and 90 days...these are 4 separate charges which I was convicted of on 4 separate dates. I have misdemeanor probation time that is as follows: 1 year, 3 years, 4 years and 1 year. I have court this week for another misdemeanor and was wondering if I could get 3 years and 90 days in prison, 4 years since that is the largest amount of probation time or if there is a possibility of getting 12 years since that is all of my time added up. I know I could get as little as no time but frankly id like to be prepared for a worst case scenario. Since they are all misdemeanors is just a year the max I could receive? I am so confused and can not afford to ask my lawyer.

Attorney answers (3)

  1. James Donald Garrett

    Contributor Level 20


    Lawyers agree


    Answered . The maximum punishment for any misdemeanor in Virginia is 12 months in jail. If you are found to be in violation of the terms of a suspended sentence, you risk having that sentence imposed, but the judge is limited to that sentence only and no more.

    Also, for most misdemeanor charges, you only have to serve half of any imposed time. For example if you are sentenced to a 60-day jail sentence, you will be required to serve only 30. The balance is credited for good behavior.

    By responding to questions on AVVO does not establish an attorney-client relationship between the questioner and... more
  2. Stephen Patrick Pfeiffer


    Contributor Level 14


    Lawyers agree

    Answered . Get a lawyer you are comfortable with and start preparing your defenses.

    The information contained in this message is for general informational purposes only. It is not intended to be... more
  3. Rachel Elizabeth Wentworth

    Contributor Level 12


    Lawyer agrees


    Answered . If you cannot afford to ask your attorney, maybe you should be looking for a new attorney because you need to be talking about all of you cases with him/her. If you are convicted of a new class 1 misdemeanor you are looking at up to 12 months in jail. You also face a potential revocation of all the suspended jail time. Grand total at risk .. 4 years and 90 days.

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