Criminal Law

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In Virginia, crimes are broken into three categories. Felonies, misdemeanors and traffic infractions. Crimes are categorized in the Virginia Code by statute number. From speeding tickets to murder, every criminal violation is codified by statute. Additionally, the Code specifically lays out what category of crime a certain violation is by misdemeanor or felony. For instance, possession of cocaine is codified in 18.2-250 of the Code of Virginia and is categorized as a Class 5 felony. In Virginia, felonies are categorized by 7 classes of felonies. They are as follows:

Class 1
Class 2
Class 3
Class 4
Class 5
Class 6
Unclassified Felonies

As stated above, Possession of Cocaine is considered a Class 5 felony, which by statute is punishable by up to 10 years in addition to substantial fines. The type of crime that you may be charged with could fall into any of the above categories, depending on the statute number. Class 1 felonies are punishable by life imprisonment or death while Class 6 felonies carry a maximum of 5 years in a correctional facility. Additionally, other crimes are punishable as misdemeanors. These types of crimes are broken into 5 categories. They are as follows:

Class 1
Class 2
Class 3
Class 4
Unclassified Misdemeanors

Class 1, 2 and unclassified misdemeanors carry jail time. Class 3 and 4 are punishable only by fines. For instance, if you are charged with assault and battery that is codified at 18.2-57 of the Code of Virginia as a class 1 misdemeanor punishable by up to 1 year in jail. However, you may also be charged with adultery which is a Class 4 misdemeanor, punishable only by a fine.

In contrast, the remaining criminal violations are traffic violations. For the most part, traffic matters are punishable only by fines and suspensions of driving privileges. However, some traffic matters are Class 1 misdemeanors such as Driving Under the Influence (click HERE to see the Virginia DUI Penalties) or Reckless Driving, which other matters are even felonies such as Felony Eluding of Police. However, for the vast majority of individuals, most traffic matters are for speeding, not obeying a stop sign or running a red light. If you are charged with an offense that you are allowed to prepay, then it is a traffic related matter only and not a misdemeanor or felony.

The effects of convictions of criminal offenses can vary on your life. For instance, conviction of a felony will result in the loss of civil rights such as the right to vote, right to own a firearm and right to travel abroad. Whereas in a misdemeanor conviction, generally you maintain all of your civil rights, however some employers may discover your criminal record and employment may be frustrated as a result. Additionally, in either misdemeanor or felony cases, in addition to any jail sentence imposed, you may be subjected to probation via supervised or unsupervised means.

The federal system is categorized in a very similar scheme as the state system however it is a much more specific area of law. It is very difficult to make broad statements regarding federal criminal law, however if you are charged with a federal criminal offense, even if it is just a larceny charge while on a military base, it is very important that you meet with me to discuss your case. The time limits in federal matters are very small and every day counts. Whereas in a state proceeding, continuances are very common for good cause, in a federal prosecution it is very difficult to get your trial date continued, which by statute may be just 70 days after your arraignment date.

In my opinion, the hiring of criminal attorney is the most important decision any person can make. In many cases, a good criminal attorney can make the difference between an acquittal and a  conviction. By following the rules of evidence, making appropriate pre-trial motions and being an effective advocate for the client, a good criminal attorney can substantial changed a perceived disposition of a case and make a lasting impression on an individuals life. Therefore, feel free to fill out the questionnaire form and make an appointment for either an online consultation or an in person consultation.

CLICK TO BEGIN THE CRIMINAL CASE QUESTIONNAIRE OR Click HERE to fill out the "General Response Form" and I will contact you about your case.

INSTRUCTIONS:  This form spans 2 pages, required fields are marked with an (R).  At the end of the form you will have the opportunity to review and edit all of the information you provided on the form.  While working on the form, you may go back to previous pages by using the back button at the bottom of the form, however answers on the page you are currently working on when you click the back button will NOT be saved and you will need to re-enter the information, therefore I highly recommend that you complete the entire form, then review and edit your answers.  You may NOT stop part way through the form and come back to it later as your information will NOT be saved for you.  Should you click any links on the form page, the linked page will open in a new window.  Simply close that window to return to the form where you left off.  Clicking a link from the form will not cause your information to be deleted.

You will have the opportunity to schedule an appointment with me for a real-time Internet chat or phone call to discuss your case after you have completed the form.

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