Criminal Defense Attorney – The right criminal defense attorney for your case – Springfield, VA

criminal law attorney criminal lawyer fairfax

We can effectively defend you if you have been charged with a criminal offense in Alexandria, Arlington, Fairfax, Loudon, and Prince William county/city court. Let us fight for your freedom!

The spirit behind the law – Virginia Criminal Code – is to protect the safely, welfare, and well-being of its Citizens by criminalizing and penalizing certain conduct that has been deemed to be harmful, dangerous, and in violation of basic principles of common standards and societal values Codified in to law by the Citizens of the Commonwealth through the General Assembly.

“You may have defenses available to the criminal charges that may result in a not guilty verdict or the charges entirely being dismissed!”

The law can be interpreted, enforced, and understood differently from person to another. An experienced attorney is able to use his knowledge, skills, and previous experience to determine the available defenses, present evidence to the contrary, bring to the court’s attention mitigating circumstance and other factors to defend your freedom and rights.

As such there are numerous categories of violation that could result you with huge criminal fines, revocation of driving privileges and jail time. Do not go to your criminal hearing unprotected in Virginia – let us represent you as your criminal defense attorney before the Courts in Fairfax, Arlington, Alexandria, and Prince William counties/cities.

“Being represented by an experienced criminal attorney in an assault and battery charge could mean the difference between jail time or dismissal!”

Contrary to popular misconceptions about Virginia criminal law, reckless driving (VA Code 46.2-852 & 46.2-862), driving while license or privilege to drive was suspended or revoked (Va Code 46.2-301), Speeding & Racing (46.2-862) Driving While Intoxicated – DUI/DWI (18.2-266),and Assault and Battery (18.2-57) are all Crimes of Class 1 misdemeanor and as such carry a maximum jail sentence of 12 months in jail and/or $2,500.

We take on the following Virginia criminal law cases directly from our criminal law firm in Springfield, VA.

Reckless Driving/Speeding

Driving While Intoxicated DUI/DWI

Driving on suspended license

Marijuana Drug Possession (18.2-250.5

Assault and Battery

Misdemeanor Class 1, 2, 3, and 4

Felony Class 3, 4, 5, and 6

If you have been recently charged with crime in Virginia, you have two ways to plead: guilty or not guilty. Failing to either pay or contest the charge could result in a suspended drivers license in addition to possible jail time.

How can an experienced Virginia criminal defense attorney help dismiss or reduce the charges against?

– Have the charges against you dismissed.

The defenses available vary widely depending on your specific criminal offense and the surrounding circumstances but having an experienced Virginia criminal law attorney ensures that your available defenses, errors in the evidence, and witness testimony discrepancy and other factors are not overlooked and are argued in your favour to facilitate the dismissal of the charges against you.

– Have the charges against you reduced or jail time waived.

Depending upon your specific circumstances, criminal history, and the severity of the offense an experienced lawyer through effective negotiation and plea bargaining can have the charges reduced and jail time suspended in return for a favourable outcome for you in Alexandria, Arlington, Fairfax, Loudon, and Prince William General District. Our firm is minutes away from the General District Courts of Alexandria City, Arlington County, Fairfax County, Fairfax City, Loudon County, and Prince William County General District Court criminal law division.

— Having an experienced attorney fighting for your side means informed and effectively representation to defend against the criminal charges!

If you have been charged with any of the following crimes you should not plead guilty until speaking with an experienced criminal law attorney. You may have defenses available or mitigating evidence to reduce your punishment! Contact us today at 703-672-2165.

Types of cases represented:

Destruction/Damage/Vandalism of Property – To willfully or maliciously destroy, damage, deface, or otherwise injure realor personal property without the consent of the owner or the person having custody or control of it.

Drug/Narcotic Offenses – The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use (includes drugs and equipment violations).

Assault Offenses

Aggravated Assault: An unlawful attack by one person upon another wherein the offender uses a weapon or displays it in a threatening manner, or the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness

Simple Assault: An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.

Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack (includes stalking).

Other Offenses

Pocket Picking: The theft of articles from another person’s physical possession by stealth where the victim usually does not become immediately aware of the theft.

Shoplifting: The theft, by someone other than an employee of the victim, of goods or merchandise exposed for sale.

Our firm is minutes away from the General District Courts of Alexandria City, Arlington County, Fairfax County, Fairfax City, Loudon County, and Prince William County General District Court criminal law division.

Theft of Motor Vehicle Parts or Accessories: The theft of any part or accessory affixed to the interior or exterior of a motor vehicle in a manner which would make the item an attachment of the vehicle, or necessary for its operation.

Common criminal charges that we generally represent clients in:

18.2-250.1. Possession of marijuana unlawful

A. It is unlawful for any person knowingly or intentionally to possess marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act ( 54.1-3400 et seq.).

Upon the prosecution of a person for violation of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.

Any person who violates this section shall be guilty of a misdemeanor, and be confined in jail not more than thirty days and a fine of not more than $500, either or both; any person, upon a second or subsequent conviction of a violation of this section, shall be guilty of a Class 1 misdemeanor.

B. The provisions of this section shall not apply to members of state, federal, county, city or town law-enforcement agencies, jail officers, or correctional officers, as defined in 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.

18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

Our firm is minutes away from the General District Courts of Alexandria City, Arlington County, Fairfax County, Fairfax City, Loudon County, and Prince William County General District Court criminal law division.

Driving Under the Influence – 6 Driving Points

Driving while intoxicated (11 years). Driving under the influence of alcohol or drugs (11 years). Driving under the influence of drugs (11 years). Driving after illegally consuming alcohol (persons under age 21) (3 years). Driving while intoxicated – maiming (11 years). Involuntary manslaughter/alcohol (11 years). Refusing blood/breath test (11 years). Driving while your license is suspended or revoked for driving while intoxicated (11 years). Driving while your license is revoked for driving while intoxicated – maiming (11 years). Driving while your license is revoked for driving while intoxicated – involuntary manslaughter (11 years).

18.2-57. Assault and battery; penalty.

A. Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.

B. However, if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, color or national origin, the person is guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.

C. In addition, if any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a magistrate, a law-enforcement officer as defined in subsection F, a correctional officer as defined in 53.1-1, a person directly involved in the care, treatment, or supervision of inmates in the custody of the Department of Corrections or an employee of a local or regional correctional facility directly involved in the care, treatment, or supervision of inmates in the custody of the facility, a person directly involved in the care, treatment, or supervision of persons in the custody of or under the supervision of the Department of Juvenile Justice, an employee or other individual who provides control, care, or treatment of sexually violent predators committed to the custody of the Department of Behavioral Health and Developmental Services, a firefighter as defined in 65.2-102, or a volunteer firefighter or any emergency medical services personnel member who is employed by or is a volunteer of an emergency medical services agency or as a member of a bona fide volunteer fire department or volunteer emergency medical services agency, regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or emergency medical services personnel as employees, engaged in the performance of his public duties, such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.

Nothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.

18.2-57.2. Assault and battery against a family or household member; penalty.

A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.

B. Upon a conviction for assault and battery against a family or household member, where it is alleged in the warrant, petition, information, or indictment on which a person is convicted, that such person has been previously convicted of two offenses against a family or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding or unlawful wounding in violation of 18.2-51, (iii) aggravated malicious wounding in violation of 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of 18.2-52, (v) strangulation in violation of 18.2-51.6, or (vi) an offense under the law of any other jurisdiction which has the same elements of any of the above offenses, in any combination, all of which occurred within a period of 20 years, and each of which occurred on a different date, such person is guilty of a Class 6 felony.

C. Whenever a warrant for a violation of this section is issued, the magistrate shall issue an emergency protective order as authorized by 16.1-253.4, except if the defendant is a minor, an emergency protective order shall not be required.

D. The definition of “family or household member” in 16.1-228 applies to this section.

18.2-57.3. Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge.

A. When a person is charged with a violation of 18.2-57.2, the court may defer the proceedings against such person, without a finding of guilt, and place him on probation under the terms of this section.

B. For a person to be eligible for such deferral, the court shall find that (i) the person was an adult at the time of the commission of the offense, (ii) the person has not previously been convicted of any offense under this article or under any statute of the United States or of any state or any ordinance of any local government relating to assault and battery against a family or household member, (iii) the person has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, (iv) the person pleads guilty to, or enters a plea of not guilty or nolo contendere and the court finds the evidence is sufficient to find the person guilty of, a violation of 18.2-57.2, and (v) the person consents to such deferral.

C. The court may (i) where a local community-based probation services agency established pursuant to Article 9 ( 9.1-173 et seq.) of Chapter 1 of Title 9.1 is available, order that the eligible person be placed with such agency and require, as a condition of local community-based probation, the person to successfully complete all treatment, education programs or services, or any combination thereof indicated by an assessment or evaluation obtained by the local community-based probation services agency if such assessment, treatment or education services are available; or (ii) require successful completion of treatment, education programs or services, or any combination thereof, such as, in the opinion of the court, may be best suited to the needs of the person.

D. The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the program or services, including the costs of any assessment, evaluation, testing, education and treatment, based upon the person’s ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.

The court shall order the person to be of good behavior for a total period of not less than two years following the deferral of proceedings, including the period of supervised probation, if available.

The court shall, unless done at arrest, order the person to report to the original arresting law-enforcement agency to submit to fingerprinting.

E. Upon fulfillment of the terms and conditions specified in the court order, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings. No charges dismissed pursuant to this section shall be eligible for expungement under 19.2-392.2.

F. Upon violation of a term or condition of supervised probation or of the period of good behavior, the court may enter an adjudication of guilt and proceed as otherwise provided by law.

G. Notwithstanding any other provision of this section, whenever a court places a person on probation upon terms and conditions pursuant to this section, such action shall be treated as a conviction for purposes of Article 6.1 ( 18.2-307.1 et seq.) of Chapter 7

Our firm is minutes away from the General District Courts of Alexandria City, Arlington County, Fairfax County, Fairfax City, Loudon County, and Prince William County General District Court criminal law division.

Links: Crime in Virginia 2012 and Virginia Criminal Code