Virginia
Virginia state laws, regulations, court decisions, and active legislation
Overview
Virginia's legal system has undergone a dramatic transformation in recent years, from a historically conservative state to one enacting progressive reforms in criminal justice, voting rights, and environmental policy. The state abolished the death penalty in 2021 — historically significant given that Virginia had executed more people than any other state in American history.
Virginia's legal landscape now includes legalized cannabis possession (but no retail sales), universal background checks for firearms, a red flag law, and expanded voting access. The state's proximity to Washington, D.C. and its large military presence create unique federal-state legal interactions.
Court Structure
Virginia's court system includes general district courts, juvenile and domestic relations district courts, circuit courts (organized into 31 judicial circuits), the Court of Appeals (established in 1985 as an intermediate appellate court), and the Supreme Court of Virginia. Circuit court judges are elected by the General Assembly. Court of Appeals and Supreme Court justices are also elected by the legislature.
Unique Laws & Facts
- •Virginia has executed more people than any other state in history — then abolished the death penalty in 2021
- •Cannabis possession and home cultivation are legal but there is no legal retail sales system
- •Virginia's legislature elects circuit court and appellate judges
- •The state enacted the Marcus Alert system for mental health crisis response
- •Virginia's Dillon Rule limits local government powers to those expressly granted by the state
Legal Landscape
Virginia's legal landscape reflects a state in transformation, with recent progressive reforms on criminal justice, death penalty abolition, voting rights, and environmental policy. The state balances its historic conservatism with growing urban progressivism. Cannabis policy (legal possession but no retail) creates a distinctive legal gap. Military law, federal government relations, and the Dillon Rule shape governance.
Key Virginia Laws (22)
Driving Under the Influence
Virginia prohibits driving impaired or with a BAC of 0.08% or higher. First offense is a Class 1 misdemeanor with up to 12 months jail and one-year license suspension. Third offenses within ten years become felonies with mandatory jail time.
Virginia Cannabis Control Act
Virginia allows adults 21+ to possess up to 1 ounce of marijuana and grow up to 4 plants per household. However, there is no legal retail sales system — buying and selling marijuana remains illegal. Public use carries a $25 civil penalty.
Carrying Concealed Weapons – Permit Required
Virginia requires concealed carry permits but allows open carry without one. Universal background checks cover all sales including private. A red flag law exists. The state has a one-handgun-per-month limit but no assault weapons ban. Virginia is shall-issue for permits.
Assault and Battery
Virginia simple assault and battery is a Class 1 misdemeanor with up to 12 months jail. Assaults against police, judges, and other protected victims become felonies with mandatory minimum jail time. Hate crimes carry enhanced penalties.
Possession of Controlled Substances
Virginia legalized recreational marijuana under one ounce for adults 21+. Possession of cocaine, heroin, or methamphetamine is a Class 5 felony. Lesser schedules are misdemeanors. First-time offenders may qualify for deferred disposition.
Grand Larceny
Virginia petit larceny is theft under $1,000, a Class 1 misdemeanor. Grand larceny is theft of $1,000 or more or any firearm, a felony with one to 20 years prison. Larceny directly from a person is always grand larceny.
Burglary
Virginia common-law burglary requires breaking and entering a dwelling at night to commit a felony or larceny. It is a Class 3 felony with five to 20 years prison; armed burglary is a Class 2 felony up to life. Statutory burglary covers other entries.
Grounds for Divorce
Virginia allows divorce on fault grounds (adultery, cruelty, desertion, felony) or no-fault after one year separation (or six months without minor children and with an agreement). Fault findings can affect support and property division.
Custody — Best Interest of the Child
Virginia custody decisions follow the child's best interest using statutory factors including parental fitness, relationships, the child's needs, and history of abuse. Joint custody is favored when feasible. Older children's preferences may be considered.
Child Support Guidelines
Virginia calculates child support using the income shares model based on both parents' gross income, custody arrangement, child care, and health insurance. Shared custody (90+ days each) uses a different calculation. Modifications require material change.
Minimum Wage
Virginia's minimum wage is $12.00 per hour as of 2024, with scheduled increases to $15.00 by 2026. It is significantly higher than the federal minimum. Cities cannot exceed the state rate. Tipped workers can be paid $2.13 if tips make up the difference.
At-Will Employment
Virginia is an at-will employment state. Employees can be fired for any lawful reason or no reason. The Bowman exception protects against termination for refusing crimes, exercising statutory rights, or whistleblowing. Statutory protections also apply.
Virginia Values Act — Employment Discrimination
The Virginia Values Act prohibits workplace discrimination on broad bases including sexual orientation and gender identity for employers with 5+ employees. Complaints can be filed within 300 days, with damages and attorney fees available.
Security Deposits
Virginia caps security deposits at two months' rent. Landlords must return them within 45 days with an itemized deduction list. Interest accrues on deposits held over 13 months in some cases. Wrongful withholding incurs damages and attorney fees.
Termination of Tenancy and Unlawful Detainer
Virginia landlords must give a five-day notice for unpaid rent or 30-day notice for other lease breaches before filing unlawful detainer. Hearings are typically within 21 days. Self-help eviction is prohibited; only the sheriff enforces removal.
Virginia Limited Liability Company Act
Virginia LLCs are formed by filing articles of organization with the State Corporation Commission for $100. Members have limited liability. Annual registration fees of $50 and annual reports are required. Virginia is considered business-friendly.
Virginia Consumer Protection Act
The Virginia Consumer Protection Act bans more than 60 specific deceptive practices. Consumers can recover actual damages or $500 plus attorney fees, with treble damages for willful violations. The Attorney General can seek penalties up to $2,500 per violation.
Virginia Motor Vehicle Warranty Enforcement Act (Lemon Law)
Virginia's Lemon Law requires manufacturers to replace or refund new vehicles with substantial defects after three failed repairs (or one for safety defects) or 30 days out of service within 18 months. Attorney fees are recoverable for prevailing consumers.
Intestate Succession
Without a will in Virginia, a spouse with no descendants or only shared descendants inherits everything. With non-shared descendants, the spouse takes one-third and they share two-thirds. Without spouse or descendants, the estate passes to parents.
Requirements for a Valid Will
A Virginia will must be written, signed by the testator, and witnessed by two people present together. Holographic wills entirely in the testator's handwriting are valid but require two witnesses to authenticate at probate. Self-proving affidavits ease probate.
Speed Restrictions
Virginia allows up to 70 mph on interstates, 60 mph on multilane highways, and 25 mph in urban areas. Speeds 20+ mph over the limit or over 80 mph are reckless driving, a Class 1 misdemeanor with up to 12 months jail.
Small Claims Court Jurisdiction
Virginia small claims court handles disputes up to $5,000 with informal procedures. Attorneys are generally not permitted at hearings. Decisions can be appealed to circuit court for a new trial within 30 days. General district court handles up to $25,000.
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.