A. Except as provided in subsection B, any person lawfully confined in jail or lawfully in the custody of any court, officer of the court, or law-enforcement officer, as defined in § 18.2-57, for violation of his probation or parole or on a charge or conviction of a misdemeanor who escapes, other than by force or violence or by setting fire to the jail, is guilty of a Class 1 misdemeanor.

B. Any person lawfully confined in jail or lawfully in the custody of any court, officer of the court, or law-enforcement officer, as defined in § 18.2-57, on a charge or conviction of a felony who escapes, other than by force or violence or by setting fire to the jail, is guilty of a Class 6 felony.