Legal Question in Criminal Law in Virginia

guilty verdict of same crime 3 or more times

Is there still (or was there ever) a law that stated something to the effect that if a person was convicted of the same misdemeanor crime 3 or more times that it makes them a felon at the fourth conviction. If that was a law, is the law still in effect? if so, is there a time factor in that law (for instance the convictions have to be within a ten year)?


Asked on 7/31/08, 4:33 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: guilty verdict of same crime 3 or more times

Yes, there are such laws in the Commonwealth as there are in many other states. An example of a Virginia law similar to what you've described can be found in Va. Code Sec. 18.2-270 (penalty for DUI) wherein subsection "C" of this statute prescribes that upon conviction of a third offense within a 10 year period, a defendant will be guilty of a Class 6 felony rather than a Class 1 misdemeanor offense and must be confined to jail mandatorily for 90 days.

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Answered on 7/31/08, 7:15 pm


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