Virginia Criminal Defense

Charged with a Crime in Virginia?

Criminal Defense Lawyers Explain Charges and Penalties

A criminal conviction can drastically affect the rest of your life. You may face the possibility of jail time, fines and other penalties, and your reputation may be damaged. Additionally, a conviction may prevent you from finding work and/or housing in the future. Since so much hangs in the balance, you should always work a criminal defense lawyer with a history of success. Even innocence is not always an ironclad defense – law enforcement and prosecutors may not care about your side of the story, but will simply focus on getting a conviction. An attorney can work to enforce your rights and expose any misconduct or negligence that may have led to your arrest. In many cases, a good lawyer can get your charges or penalties reduced, minimizing the negative impact on your life.

If you have been arrested or someone you know was taken into police custody, then you should find a lawyer as quickly as possible. No matter what kinds of charges you face, from a misdemeanor to a felony, finding an attorney you trust is essential. To speak with a local Virginia criminal lawyer today, consult our local listings.

What Are the Basic Types of Criminal Charges?

The type of criminal charge you face may vary depending on the nature of the alleged crime. Although each state has its own specific classifications, the general types of charges are:

• Infraction. An infraction is the least serious type of charge you can face. In fact, some states handle infractions as civil cases, rather than criminal cases. Traffic violations and other minor offenses usually fall into this category. Jail is generally not a possibility for infractions, so you are not entitled to a jury trial and the state will usually not appoint you a lawyer. However, you can still hire one of your own.
• Petty offense. Some states categorize low-level criminal conduct as petty offenses. This may include illegal acts like gambling, disturbing the peace, public indecency, pollution violations and theft of items of low value.
• Misdemeanor. A misdemeanor is a more serious charge and county courts typically handle these cases. Common misdemeanor charges include assault, criminal trespass, theft and certain drug crimes, including possession and sale.
• Felony. This is the most serious type of criminal charge and state and/or federal courts usually handle these cases. Common felonies include murder, kidnapping, sexual assault, robbery, vehicular homicide, assault with a deadly weapon, burglary and certain drug crimes.

In some cases, a criminal defense lawyer can negotiate on your behalf with the prosecution to reduce the severity of the charges you face. If the court reduces your charge from a low-level felony to a misdemeanor, for example, then the repercussions you face may be much less serious.

What Is the Penalty for a Misdemeanor in Virginia?

Each state has its own system for classifying misdemeanor and felony charges, and penalties may vary as well. Felonies in Virginia are designated as Class 1, 2, 3, and 4. The general penalties you may face for different types of criminal charges in Virginia are:

• Class 1 Misdemeanors. A Class 1 misdemeanor is punishable by up to 12 months in jail, and/or fine of up to $2,500. Crimes in this category include, but aren’t limited to, domestic violence, and carrying a gun without a permit.
• Class 2 Misdemeanors. A Class 2 misdemeanor is punishable by up to six months in jail, and/or a fine of up to $1,000. Crimes in this category include, but aren’t limited to, possession of drug paraphernalia and reckless driving.
• Class 3 and 4 Misdemeanors. Class 3 and 4 misdemeanors are the least serious of the four categories, and while both are punishable by monetary fines, neither will result in jail time.
  • Class 3 misdemeanors may include offenses such as possession of a Schedule V Controlled Substance and destruction of property with intent to steal, and are punishable by a fine of up to $500.
  • Class 4 misdemeanors may include offenses such as public intoxication and possession of a Schedule VI Controlled Substance, and are punishable by a fine of up to $250.

What Is the Penalty for a Felony in Virginia?

Like misdemeanors, each state has its own system for what qualifies as a felony and what penalties may result from a conviction. Felonies in Virginia are designated as Class 1, 2, 3, 4, 5, or 6, but lawmakers may also set specific terms for certain crimes. Possible felony charges and penalties include:

• Class 1 Felonies. Crimes in this category are punishable by life imprisonment and/or a fine of up to $100,000. Class 1 felonies include offenses like murder and aggravated murder. *If the defendant was over the age of 18 at the time of the offense and not mentally retarded, Class 1 felonies may also be punishable by death.
• Class 2 Felonies. Crimes in this category are punishable by imprisonment for 20 years’ to life and/or a fine of up to $100,000.  Class 2 felonies include offenses such as “aggravated malicious wounding” (intentionally causing another permanent and significant physical impairment).
• Class 3 Felonies. Crimes in this category can result in a prison term of five to 20 years and a fine of up to $100,000. Class 3 felonies include offenses such as “malicious wounding (purposely causing another injury with the intent to kill, disfigure, or disable).
• Class 4 Felonies. Crimes in this category are punishable by two to ten years’ imprisonment and/or a fine of up to $100,000. Class 4 felonies include offenses such as pimping, embezzlement, and arson of unoccupied buildings.
• Class 5 Felonies. Class 5 felonies are designated as “wobblers,” crimes that can be either a felony or a misdemeanor (i.e., wobbling between the two), depending on how the crime is charged and, one some occasions, how the judge or jury decides to treat a conviction.  Class 5 felonies are punishable by one to ten years in prison (when the conviction is treated as a felony), or up to 12 months in jail and a fine of $2,500 (when the conviction is treated as a misdemeanor).
• Class 6 Felonies. Like Class 5 felonies, Class 6 felonies are considered wobblers, punishable by one to five years in prison (felony), or up to 12 months in jail and a fine of $2,500. Class 6 felonies include offenses such as donating or attempting to donate blood infected by HIV.

Need a Virginia Criminal Defense Lawyer? We Can Help

If you are facing any level of criminal charge, then a qualified lawyer may be essential to protecting your future. Additionally, if someone you know is currently in police custody, then you may wish to reach out to a lawyer on his or her behalf. To find a Virginia criminal defense lawyer in your area, then consult our attorney listings. If you have general question about criminal law or certain charges, then do not hesitate to ask the lawyers™.