Which describes Class 5 felonies in Virginia?

Which describes Class 5 felonies in Virginia?

• A. Always felonies with 20-year max
• B. Wobblers—can be either a felony or a misdemeanor
• C. Carry life imprisonment
• D. Always misdemeanors with no jail

Answer: (B)

Class 5 felonies are described as wobblers, meaning there is sentencing flexibility: the offense can be punished as either a felony or a misdemeanor depending on the case, the defendant’s prior record, and the court’s discretion under the sentencing guidelines. This explains why this option is the best choice, because it captures the adjustable nature of Class 5—not fixed at a single maximum, not automatically life imprisonment, and not automatically treated as a misdemeanor with no jail. The other statements misstate the typical outcomes for Class 5 by implying a fixed maximum like 20 years, a mandatory life sentence, or an automatic misdemeanor with no jail.

Class 5 felonies are described as wobblers, meaning there is sentencing flexibility: the offense can be punished as either a felony or a misdemeanor depending on the case, the defendant’s prior record, and the court’s discretion under the sentencing guidelines. This explains why this option is the best choice, because it captures the adjustable nature of Class 5—not fixed at a single maximum, not automatically life imprisonment, and not automatically treated as a misdemeanor with no jail. The other statements misstate the typical outcomes for Class 5 by implying a fixed maximum like 20 years, a mandatory life sentence, or an automatic misdemeanor with no jail.