Search Results for: arson
Bail and Bond Motions
Individuals charged with serious offenses and individuals who have a history of not appearing in court, will not be set free after an arrest (bail will be denied by the magistrate.) The defendant will need to have an attorney file a motion on his behalf to try and argue for release in front of a Judge. This is called a Motion to Admit the Defendant to Bail and Set Bond, or a Motion for the Reduction of Bond.
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FAIRFAX, VIRGINIA: MEDVINLAW opened a new Criminal Defense Law Office at 4000 Legato Road, Suite 1100, Fairfax, Virginia 22033.
This second office is in a very convenient location by I66, Route 50, and West OX Road. It is only a 10 minute drive from the Fairfax County and Fairfax City courthouses, and a 15 minute drive from the Prince William County courthouse. || Read more
FAIRFAX, VIRGINIA: Felony Arson / Malicious Burning charge (VA Code 18.2-77), with the client facing up to life in prison for setting fire to an an occupied apartment building, was DROPPED with payment of restitution.
VA Code § 18.2-77. Burning or destroying dwelling house, etc.
A. If any person maliciously (i) burns, or by use of any explosive device or substance destroys, in whole or in part, or causes to be burned or destroyed, or (ii) aids, counsels or procures the burning or destruction of any dwelling house or manufactured home whether belonging to himself or another, or any occupied hotel, hospital, mental health facility, or other house in which persons usually dwell or lodge, any occupied railroad car, boat, vessel, or river craft in which persons usually dwell or lodge, or any occupied jail or prison, or any occupied church or occupied building owned or leased by a church that is immediately adjacent to a church, he shall be guilty of a felony, punishable by imprisonment for life or for any period not less than five years and, subject to subdivision g of § 18.2-10, a fine of not more than $100,000. Any person who maliciously sets fire to anything, or aids, counsels or procures the setting fire to anything, by the burning whereof such occupied dwelling house, manufactured home, hotel, hospital, mental health facility or other house, or railroad car, boat, vessel, or river craft, jail or prison, church or building owned or leased by a church that is immediately adjacent to a church, is burned shall be guilty of a violation of this subsection.
Read more about Arson Law here: Virginia Arson Laws: A Criminal Defense Lawyer’s Explanation of Malicious Burning Charges
FAIRFAX, VIRGINIA: Class 4 Felony Arson / Malicious Burning Charge (VA Code 18.2-81) resulted in no active jail time, with a fully suspended jail sentence. Call for additional information.
Law § 18.2-81. Burning or destroying personal property, standing grain, etc.
If any person maliciously, or with intent to defraud an insurance company or other person, set fire to or burn or destroy by any explosive device or substance, or cause to be burned, or destroyed by any explosive device or substance, or aid, counsel, or procure the burning or destroying by any explosive device or substance, of any personal property, standing grain or other crop, he shall, if the thing burnt or destroyed, be of the value of $200 or more, be guilty of a Class 4 felony; and if the thing burnt or destroyed be of less value, he shall be guilty of a Class 1 misdemeanor.
Read more about Arson Law here: Virginia Arson Laws: A Criminal Defense Lawyer’s Explanation of Malicious Burning Charges
MEDVIN LAW PRESS RELEASE February 25, 2011
Facing a life sentence – All Charges Dismissed in Commonwealth v. Court
FAIRFAX, VA: On February 2, 2011, The Honorable Donald P. McDonough, the Chief Judge of the Fairfax County General District Court, presided over the Preliminary Hearing of the government’s evidence against Kevin Court. Mr. Court was accused of arson, along with four other felonies associated with the allegedly intentional fire. Mr. Court was facing a maximum sentence of life in prison.
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MEDVIN LAW PRESS RELEASE February 25, 2011
Facing a life sentence – All Charges Dismissed in Commonwealth v. Court
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FAIRFAX, VIRGINIA: Felony Arson / Malicious Burning charges (VA Code 18.2-77 and 18.2-81), with client facing up to life in prison for setting an occupied dwelling house on fire were DISMISSED after a probable cause hearing.
§ 18.2-77. Burning or destroying dwelling house, etc.
A. If any person maliciously (i) burns, or by use of any explosive device or substance destroys, in whole or in part, or causes to be burned or destroyed, or (ii) aids, counsels or procures the burning or destruction of any dwelling house or manufactured home whether belonging to himself or another, or any occupied hotel, hospital, mental health facility, or other house in which persons usually dwell or lodge, any occupied railroad car, boat, vessel, or river craft in which persons usually dwell or lodge, or any occupied jail or prison, or any occupied church or occupied building owned or leased by a church that is immediately adjacent to a church, he shall be guilty of a felony, punishable by imprisonment for life or for any period not less than five years and, subject to subdivision g of § 18.2-10, a fine of not more than $100,000. Any person who maliciously sets fire to anything, or aids, counsels or procures the setting fire to anything, by the burning whereof such occupied dwelling house, manufactured home, hotel, hospital, mental health facility or other house, or railroad car, boat, vessel, or river craft, jail or prison, church or building owned or leased by a church that is immediately adjacent to a church, is burned shall be guilty of a violation of this subsection.
Law § 18.2-81. Burning or destroying personal property, standing grain, etc.
If any person maliciously, or with intent to defraud an insurance company or other person, set fire to or burn or destroy by any explosive device or substance, or cause to be burned, or destroyed by any explosive device or substance, or aid, counsel, or procure the burning or destroying by any explosive device or substance, of any personal property, standing grain or other crop, he shall, if the thing burnt or destroyed, be of the value of $200 or more, be guilty of a Class 4 felony; and if the thing burnt or destroyed be of less value, he shall be guilty of a Class 1 misdemeanor.
Read more about Arson Law here: Virginia Arson Laws: A Criminal Defense Lawyer’s Explanation of Malicious Burning Charges
ARSON / MALICIOUS BURNING OVERVIEW
Arson in Virginia is called “Malicious Burning.” This Felony offense carries a maximum sentence of life in prison if convicted. The level of proof, however, is as high as you will find for any offense. The prosecutors must prove: (1) that the fire was started intentionally, (2) that the accused individual was the one to start the fire, and (3) that the accused individual acted with malicious intent. Each of these 3 elements must be proven beyond a reasonable doubt.
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Explanation of Virginia Laws and Penalties for Felony, Misdemeanor, and Criminal Traffic Offenses
2010
MISDEMEANOR
What is a misdemeanor? A misdemeanor offense is a criminal offense. Virginia has four categories of misdemeanor crimes – ranging from Class 1, the most serious, to Class 4, the least serious. Misdemeanor jail sentences are served in the county or city jail, not a state correctional facility.
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Virginia Grand Larceny, Petit Larceny, Shoplifting, Concealment & Embezzlement Laws and Defenses
2010
WHAT IS LARCENY?
Larceny is simply the crime of theft. Virginia courts define larceny as the wrongful or fraudulent taking of things of value, belonging to another, without that person or business’ consent, and with the intention to permanently deprive that person or business of the value of the items taken. Grand Larceny is a felony. Petit Larceny is a misdemeanor. They are divided by the value of the items stolen.
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Criminal Defense News
