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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 24480
Experience:  10+ years defending Misdemeanor and Felony cases.
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What happens if I plead guilty at an arraignment on felony

Customer Question

What happens if I plead guilty at an arraignment on felony charges class 6?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 3 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. At the arraignment, you will be read the charge against you and likely asked by the Judge if you intend to retain private counsel or need to be appointed the public defender. If you wanted to, you could resolve the case by asking the prosecutor for a plea offer and proceed to accept it, if you feel that it is in your best interest to do so. The plea offered is going to be based upon the charge, your prior criminal history and the facts surrounding the case. Since it is a felony charge, you are likely looking at a minimum of a probationary sentence, fines and court costs. If there is a victim, restitution may be required as well. However, if the Judge is willing to appoint a public defender, it may be best to wait and allow them to review the facts of your case and see if you have any legal defenses to raise or if it is best to go to trial, if the State has a weak case. I have provided below for you review, the possible maximum sentence which could be imposed, if convicted or offered by the State, pursuant to a plea. I also want to mention that your attorney could possible work out a plea deal that is going to be better and less severe then what you may be offered or able to work out on your own. Felony charges are very serious and could have a long term effect on you. As such, it may be best to not resolve the case at the arraignment and see if you can have legal counsel appointed, to help you in the matter, acting in your best interest.

§ 18.2-10. Punishment for conviction of felony; penalty.

The authorized punishments for conviction of a felony are:

(a) For Class 1 felonies, death, if the person so convicted was 18 years of age or older at the time of the offense and is not determined to be mentally retarded pursuant to § 19.2-264.3:1.1, or imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. If the person was under 18 years of age at the time of the offense or is determined to be mentally retarded pursuant to § 19.2-264.3:1.1, the punishment shall be imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000.

(b) For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000.

(c) For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000.

(d) For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.

(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in 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.

(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in 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.

(g) Except as specifically authorized in subdivision (e) or (f), or in Class 1 felonies for which a sentence of death is imposed, the court shall impose either a sentence of imprisonment together with a fine, or imprisonment only. However, if the defendant is not a natural person, the court shall impose only a fine.

For any felony offense committed (i) on or after January 1, 1995, the court may, and (ii) on or after July 1, 2000, shall, except in cases in which the court orders a suspended term of confinement of at least six months, impose an additional term of not less than six months nor more than three years, which shall be suspended conditioned upon successful completion of a period of post-release supervision pursuant to § 19.2-295.2 and compliance with such other terms as the sentencing court may require. However, such additional term may only be imposed when the sentence includes an active term of incarceration in a correctional facility.

For a felony offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in that section in addition to any other penalty provided by law.

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Expert:  CrimDefense replied 3 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!