Is Reckless Driving a Felony? When a Misdemeanor Becomes One

Is reckless driving a felony? In most states, no: plain reckless driving is a misdemeanor, a crime that can carry jail time but up to a year at most. It can become a felony, or be charged alongside one, when the driving causes serious injury or death, or when other facts are added, such as driving on a suspended license. Virginia is a clear example: reckless driving is a Class 1 misdemeanor, and a Class 6 felony in one specific case.

Situation	Usual charge
Reckless driving, no one hurt	Misdemeanor
Reckless driving that damages property	Misdemeanor, plus restitution
Reckless driving causing serious injury	Misdemeanor or felony, by state; sometimes a separate injury charge
Reckless driving causing death	Often a felony, such as vehicular manslaughter
Reckless driving while knowingly on a suspended license, causing death (Virginia)	Class 6 felony
Second or third offense	Higher penalties in many states; still a misdemeanor in most

Each state writes its own reckless driving law, and some list separate crimes for injury or death. Your charging paper names the statute; read that section.

Virginia's law as an example

Under Code of Virginia § 46.2-868(A), reckless driving is a Class 1 misdemeanor. Under § 46.2-868(B), a driver who, while knowingly driving on a suspended or revoked license, drives recklessly and causes the death of another person, is guilty of a Class 6 felony. We checked the section on November 7, 2026.

What those classes can mean in Virginia:

Class	Maximum punishment in Virginia
Class 1 misdemeanor	Up to 12 months in jail, a fine of up to $2,500, or both (§ 18.2-11)
Class 6 felony	1 to 5 years in prison, or up to 12 months in jail and a fine of up to $2,500, or both (§ 18.2-10)

These are maximums. The actual sentence depends on the facts, the record and the court.

How misdemeanors and felonies are told apart

Most states, like federal law, draw the line at a year: a crime punishable by more than a year in prison is a felony, and one punishable by a year or less is a misdemeanor (18 U.S.C. § 3559 for federal offenses). Some states use the type of facility instead, jail for misdemeanors and prison for felonies.

Why a reckless driving charge is serious even as a misdemeanor

• It's a criminal conviction, not a traffic ticket, and shows in background checks.
• It usually adds a large number of points or a license suspension.
• Insurance rates often rise more than for a speeding ticket.
• It can affect professional licenses, security clearances and immigration status.

You have the right to a lawyer for a charge that can lead to jail, appointed if you can't afford one.

Questions to ask a lawyer

1. Which statute am I charged under, and what's the maximum penalty?
2. Can the charge be reduced to an infraction or improper driving?
3. Will my license be suspended, and can I get a restricted license?
4. What happens to my insurance and job?
5. If someone was injured, am I also facing a civil claim? See is a traffic ticket a misdemeanor for how other driving offenses are graded.