The Criminal Division
of General District Court conducts felony preliminary hearings
and misdemeanor trials.
A Felony
is any offense punishable
with death or confinement in a state correctional facility. All
other offenses are misdemeanors.
(Virginia
Code § 18.2-8).
The District Court will conduct a preliminary hearing to
determine if there is probable cause, sufficient evidence, to
justify holding the defendant for a grand jury hearing and trial
in Norfolk Circuit Court. Examples of felonies include: murder,
robbery, rape, burglary, grand larceny, forgery, credit card theft,
malicious or unlawful wounding (felonious assault, possession
of a controlled substance (such as cocaine, heroin, marijuana,
etc.) with intent to distribute, and possession of a controlled
substance.
A Misdemeanor
is any city or state offense that carries a penalty of no more
than one year in jail or a fine of up to $2500.00, or both.
Examples of non-traffic misdemeanors include: assault,
trespass, disorderly conduct, possession of marijuana, assault,
concealed weapon, prostitution, obstruction of justice, disturbing
the peace, illegal dumping, underage possession of alcohol, drinking
in public, open alcohol container, animal control violations,
health and housing code violations.
There are four
(4) classes of misdemeanors and punishment is different for each:
Class 1 – Confinement in jail for not more than 12 months
and/or a fine of not more than $2500.00
Class 2 - Confinement
in jail for not more than 6 months and/or a fine of not more than
$1000.00
Class 3 – A fine of
not more than $500.00
Class 4 – A fine of
not more than $250.00
