What is the difference between a summary offense and an indictable offense?

The difference between a summary offense and an indictable offense in Virginia is that summary offenses are less serious criminal offenses that can be resolved without a trial. They are heard in General District Court and the maximum punishment is a fine and/or jail time up to 12 months. On the other hand, an indictable offense is more serious and an offender has the right to a jury trial in Circuit Court. Examples of summary offenses in Virginia are stalking, public intoxication, disorderly conduct, profane swearing or cursing and obstructing justice. Examples of indictable offenses in Virginia are murder, rape, robbery, burglary, drug possession, and certain weapons violations. Generally, the punishments for indictable offenses are greater than those for summary offenses. For instance, a person convicted of an indictable offense may face jail time greater than 12 months, a fine, restitution, or even the death penalty in some cases.

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