If you plead guilty or were found guilty of committing an offense in our state, being placed on probation would be a much preferable sentence to incarceration. However, when making decisions about your criminal case, it’s essential to understand what probation is and the different factors that determine how long it can be.
Our experienced Manassas criminal defense lawyers at The Wilson Law Firm can explain what affects probation length in Virginia and the conditions you may have to meet. We can also mount an aggressive defense strategy to help achieve the best possible outcome in your criminal case, given your situation.
What is Probation?
Probation is a legal alternative to incarceration that allows individuals convicted of crimes to serve their sentences outside of jail and in the community under specific conditions and supervision. In Virginia, there are two main types of probation.
Unsupervised probation is typically reserved for less serious offenses. You’re still required to abide by certain conditions set by the court, such as attending counseling or maintaining regular employment. However, you won’t have a probation officer actively monitoring your progress.
Supervised probation is more intensive and is often imposed for serious offenses. You’re assigned a probation officer who closely monitors your compliance with court-ordered conditions, conducts regular check-ins, and ensures you meet your obligations.
3 Factors Affecting Probation Length in Virginia
In our state, you can be placed on probation for anywhere from six months to 10 years. The judge considers many factors to determine your probation sentence's duration, such as the following.
1. Seriousness of the Offense
The severity of the crime you've been convicted of plays a significant role in determining the length of your probation. You may be placed on probation for a year or two if convicted of a misdemeanor. However, if you’re convicted of a felony, your term could be much longer—up to 10 years, in fact, which is the maximum probation length in Virginia.
2. Prison Sentence Length
In our state, you cannot be placed on probation for longer than the original sentence you were ordered to serve. For example, if you were sentenced to four years in prison and were granted probation after serving two years, your probationary period couldn’t be more than two years.