Welcome to S & R Law Firm
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Virginia Criminal Defense Attorney
A criminal charge can affect your freedom, your work and the people who depend on you. Before deciding what to do, you need to understand what the Commonwealth must prove, what evidence supports the accusation and what a conviction could mean for you.
NOVADefenders represents people facing misdemeanor and felony charges in Northern Virginia, including DUI, drug offenses, theft, fraud and assault. One attorney takes responsibility for your case, supported by the experience and insight of our team. We examine the evidence, explain your options and prepare you for the decisions ahead.
Penalties for Criminal Convictions in Virginia
Virginia distinguishes misdemeanors from felonies by punishment. An offense that can be punished with confinement in a state correctional facility is a felony; other criminal offenses are misdemeanors (§ 18.2-8).
Most offenses are assigned a class, which sets the sentencing range. Some charges also carry mandatory minimums, license restrictions or other consequences. The classification tells us part of what you face. The particular statute, your prior record and the facts of the allegation complete the picture.
Misdemeanors
Misdemeanor punishments under § 18.2-11:
| Class | Jail | Fine |
| Class 1 | Up to 12 months | Up to $2,500 |
| Class 2 | Up to 6 months | Up to $1,000 |
| Class 3 | None | Up to $500 |
| Class 4 | None | Up to $250 |
For a Class 1 or Class 2 misdemeanor, the court can impose jail, a fine or both. Ordinary first- and second-offense DUI charges, reckless driving, petit larceny and ordinary assault and battery are Class 1 misdemeanors. Particular circumstances can elevate some charges to felonies. Drunk in public is a Class 4 misdemeanor, punishable by a fine only.
A misdemeanor is still a crime, and a conviction goes on your criminal record. Depending on the charge, it can also bring DMV points, a license suspension, or problems with immigration status, a security clearance or a professional license. We look at those consequences with you before you decide how to resolve a case.
Felonies
Felony punishments under § 18.2-10:
| Class | Punishment |
| Class 1 | Life imprisonment; a fine of up to $100,000 may also be imposed |
| Class 2 | Life, or any term of at least 20 years; a fine of up to $100,000 may also be imposed |
| Class 3 | 5 to 20 years; a fine of up to $100,000 may also be imposed |
| Class 4 | 2 to 10 years; a fine of up to $100,000 may also be imposed |
| Class 5 | 1 to 10 years; or, in the discretion of the jury or the court, up to 12 months in jail, a fine of up to $2,500, or both |
| Class 6 | 1 to 5 years; or, in the discretion of the jury or the court, up to 12 months in jail, a fine of up to $2,500, or both |
The Class 5 and Class 6 alternative matters. The jury—or the court in a trial without a jury—can impose jail, a fine or both instead of a prison sentence. A mandatory minimum attached to the particular offense can limit those sentencing choices.
Some felonies have their own sentencing range. Grand larceny, for example, includes simple larceny of property worth $1,000 or more not taken from a person, larceny of $5 or more from a person, or larceny of any firearm. It carries one to 20 years, with an alternative allowing up to 12 months in jail, a fine of up to $2,500, or both (§ 18.2-95).
A third DUI within 10 years is a Class 6 felony.
Which Court Will Hear Your Case?
Most criminal cases in Virginia start in a district court, and the type of charge decides which one.
- General District Court: Misdemeanor and traffic cases are tried here, and a judge decides the case; district courts have no juries. Many felony charges also begin here with a preliminary hearing, where the court decides whether there is “reasonable ground to believe” the person committed the offense (§ 19.2-218). The accused may waive that hearing, and some cases proceed by direct indictment.
- Juvenile and Domestic Relations District Court: Adult criminal cases in which one family or household member is charged and another is the alleged victim generally begin here, as do delinquency cases against juveniles (§ 16.1-241). A domestic assault case starts in this court.
- Circuit Court: Felony trials are held here, and this is where a case can be tried by a jury. The circuit court also hears appeals from the district courts. After a district court conviction for a misdemeanor or traffic offense, you have 10 days to appeal, “whether or not such conviction was upon a plea of guilty” (§ 16.1-132), and the circuit court hears the case again from the start.
Timing matters before a case is even filed. Most misdemeanor prosecutions must begin within one year of the offense, though some, such as petit larceny, allow five years (§ 19.2-8). Virginia has no general time limit for felony prosecutions.
Common Charges We Can Help With
Our charge-specific pages explain the law, potential consequences and evidence that may matter to a defense:
- Traffic crimes: reckless driving in Virginia, including speeding 20 mph or more over the limit or above 85 mph, and our page for out-of-state drivers charged in Virginia.
- DUI: Virginia DUI defense, DUIs in Virginia and DUI manslaughter charges.
- Drug charges: drug possession, possession of a controlled substance, marijuana possession and distribution of a controlled substance.
- Theft and fraud: petit larceny, grand larceny, embezzlement, false pretenses and forgery.
- Other charges: assault and battery, drunk in public and indecent exposure.
If your charge is not listed, call us and explain what the summons or warrant says. We can tell you whether it is a matter we handle.
How We Prepare Your Defense
We begin with the elements of the charge: the facts the Commonwealth must prove to obtain a conviction. Then we compare those requirements with the evidence. A police report describes an allegation; it does not resolve questions about identification, intent, credibility or whether the police obtained evidence lawfully.
The work depends on the charge. In an assault case, witness accounts, messages, photographs and recordings may change how an encounter is understood. In a theft or fraud case, permission, ownership, intent and the underlying records may matter. A drug case may turn on the search or on whether the Commonwealth can prove knowing possession. In a DUI case, we examine the stop, the officer’s observations and the testing evidence.
We review available discovery, identify evidence that should be preserved and discuss whether further investigation or witnesses are needed. We also explain what remains uncertain and how that affects the choices available to you.
Challenging the charge and preparing mitigation serve different purposes. A factual or legal defense addresses whether the prosecution can prove its case. Treatment, restitution or other preparation may help when discussing a resolution or presenting a case for sentencing. We advise you about those steps based on your circumstances.
Why Work With NOVADefenders?
Our practice is devoted to criminal and traffic defense. We represent people in Fairfax, Prince William, Arlington, Loudoun, Stafford, Alexandria and Fauquier, and our attorneys regularly appear in Northern Virginia’s district and circuit courts.
The attorney responsible for your case learns the facts, reviews the evidence and talks through the available choices with you. The team provides another source of experience and judgment as questions arise. You should understand who is handling your case, what needs attention and how to reach us.
Many of our clients live outside Virginia and were charged while traveling here. We discuss attendance requirements and other practical concerns early, including what a Virginia charge may mean for someone who lives or holds a license elsewhere.
You can read about clients’ experiences on our client reviews page. Our phones are answered at any hour by a real person.
What to Expect When You Call Us
The first call is free. We will ask what you were charged with, which court has the case and when your first date is. Then we explain what the charge means, what the Commonwealth has to prove and what your options are.
It helps to have these in front of you:
- The summons, warrant or other charging paper, which shows the charge, the Code section and the court date.
- Any bond or release paperwork, and any protective order.
- Any notice you have received from DMV or the court.
- Your own notes about what happened, written while you remember it. Keep them private and share them with your lawyer.
- If you hire us, we explain the next steps, review the evidence as it becomes available and keep you informed about material developments. We discuss your options with you before decisions about a plea, trial or another resolution.
Frequently Asked Questions
What types of criminal cases do you handle?
Criminal and traffic defense only: reckless driving and DUI, drug charges, theft and fraud charges, assault and battery, including domestic assault, and other misdemeanors and felonies. We refer other kinds of legal matters to other firms.
What should I do if I am arrested or charged with a crime?
Stay calm and be polite. You have the right to remain silent and can decline to answer questions about the allegation until you have spoken with a lawyer. Keep the papers you receive and preserve relevant messages, photographs and recordings.
Follow every bond condition and protective order, including restrictions on contact with another person. Do not discuss the case on social media. Contact a lawyer before your first court date if you can.
How can a criminal defense lawyer from NOVADefenders help me?
We examine what the Commonwealth must prove, whether the evidence supports each element and whether legal issues affect its use in court. We investigate relevant facts, prepare for trial and discuss potential resolutions with you. We also consider consequences beyond the sentence, such as your license, employment or immigration concerns.
What should I expect during my initial consultation?
We go over the charge, the court and the date, explain what the Commonwealth has to prove, answer your questions and tell you what we would do next. The consultation is free.
How much does it cost to hire a Virginia criminal defense lawyer?
It depends on the charge, the court and how much work the case needs. We tell you the fee in the free consultation, before you decide to hire us. Court fines and costs are separate.
How long will my criminal case take to resolve?
A misdemeanor may be resolved at its first trial date, although a continuance or appeal can extend it. A felony case may involve a preliminary hearing, indictment and circuit-court trial.
We can give you a more useful timeline after reviewing the charge, the court schedule and the work the case needs.
What should I bring to my first meeting with your criminal defense firm?
Your summons or warrant, any bond papers or protective order, any notice from DMV or the court, and your own notes about what happened. For a traffic or DUI charge, bring your driving record if you have a copy.
Is a misdemeanor a crime in Virginia?
Yes. A misdemeanor is a criminal offense, and a conviction goes on your criminal record. Class 1 and Class 2 misdemeanors can carry jail time; Class 3 and Class 4 misdemeanors carry fines only (§ 18.2-11).
How long does the Commonwealth have to charge a crime in Virginia?
For most misdemeanors, one year from the offense; petit larceny and a few other offenses allow longer (§ 19.2-8). Virginia sets no general time limit for felonies.
Contact a Criminal Defense Attorney in Virginia
Tell us what you were charged with and when you are due in court. We can explain the accusation, discuss what needs attention now and help you understand how we would prepare your defense.
Call 703.273.6431 at any hour and you will speak with a real person. The consultation is free, and you can also contact us online.