Virginia Criminal Law

Virginia Criminal Laws explained by top-rated attorney Marina Medvin.

Virginia Criminal Law on Carrying a Firearm into an Airport

Carrying a Weapon or Firearm in an Airport Terminal in Virginia is a Misdemeanor Offense It is unlawful to carry firearms or weapons in a Virginia airport terminal. This Class 1 misdemeanor criminal offense is punished by up to one year in jail, up to a $2,500 fine, and a mandatory seizure and government disposal […]

Virginia Underage Possession of Alcohol Laws Explained by Criminal Defense Attorney

Virginia Alcohol Sale and Purchase Crimes Under Virginia law, most alcohol-related sales and purchase violations are misdemeanor offenses. A conspiracy to violate Virginia’s alcohol sale laws, however, is a felony offense. Persons to Whom Alcoholic Beverages May Not Be Sold in Virginia It is unlawful in Virginia to sell alcohol to the following groups of […]

Virginia Law on Refusal of Breath Test Following DWI / DUI Arrest

Virginia Law on Refusal of Breath Test Following DWI / DUI Arrest Unreasonable refusal to take a breath test following an arrest for DUI or DWI is punished under Virginia’s Implied Consent Law. After a driver is arrested for drunk driving, the driver is required to submit to a breath test. Va Code § 18.2-268.3(A): […]

Embezzlement in Virginia: Felony & Misdemeanor Charges, Penalties & Defenses

What is the crime of embezzlement under Virginia Law? Embezzlement under Virginia law is simply defined as a wrongful taking of money or valuable property, that took place while the offender was entrusted with someone else’s property. This improper taking does not need to benefit the accused, it can benefit some other person. An employee-employer […]

Brandishing a Firearm: Virginia Law 18.2-282 Penalties and Defenses

Virginia Law Explained: Brandishing Firearm, Va Law 18.2-282 Under Virginia law 18.2-282, it is a class 1 misdemeanor criminal offense to point, hold or brandish a firearm in such manner as to reasonably induce fear in the mind of another. The maximum penalty for brandishing a firearm in Virginia is 12 months in jail and a $2500 […]

Driving Under the Influence of Marijuana in Virginia

Driving Under the Influence of Marijuana in Virginia Virignia driving while under the influence laws are outlined in VA Code 18.2-266, which criminalizes DUI, DWI, and DUID as misdemeanor and felony criminal offenses. Virginia classifies first offense and second offense cases as class 1 Misdemeanor crimes, punishable by up to 1 year in jail, a […]

Virginia DUI Third Offense Penalties

VIRGINIA DUI / DWI LAW: Third Offense Virginia classifies 3rd Offense DUI and DWI offenses as Class 6 Felony criminal acts punishable by a minimum of 6 months in jail (and up to 5 years in prison), a fine between $1,000.00 and $2,500.00, at least 3 years of driver’s license suspension (and possible permanent loss […]

Virginia DUI First Offense Penalties

Virginia DWI / DUI First Offense Virginia classifies 1st Offense DUI and DWI offenses as Class 1 Misdemeanor criminal acts punishable by up to 1 year in jail, a fine between $250.00 and $2,500.00, at least one year of driver’s license suspension, probation, and alcohol education classes. The punishment increases significantly if you were arrested […]

Virginia Domestic Assault Laws & Penalties: Defense Attorney’s Explanation of Va Code 18.2-57.2 Assault and Battery Against a Family or Household Member

Virginia Domestic Assault Law 18.2-57.2 Assault and battery against a family or household member The Virginia domestic assault charge is called assault and battery against a family or household member. Assault and battery against a family or household member is a class 1 misdemeanor crime punishable by up to one year in jail under Va […]

Virginia Murder Defense Attorney Explains Murder and Manslaughter Laws, Penalties & Defenses

Virginia Murder and Manslaughter Laws Homicide is the unlawful taking of human life. Criminal homicide in Virginia is defined as Murder or Manslaughter. These are felony crimes under Virginia law and are separated into five types, listed from most serious to least serious: Capital murder, First-degree murder, Second-degree murder, Voluntary manslaughter, and Involuntary manslaughter. The […]

Virginia Hit and Run Laws, Penalties and Defenses for Charges in Alexandria, Fairfax, Arlington

Hit and Run in Virginia: Leaving the Scene of an Accident What are hit and run laws in Virginia? Under Virginia law, a Hit and Run is defined as a criminal offense, and it is charged when you leave the scene of an accident / collision without providing your insurance information to the other driver. […]

Virginia Law on Careless Driving and Infliction of Injury – Misdemeanor Penalty

Virginia Law on Careless Driving and Infliction of Injury Under Va Law § 46.2-816.1, a person who operates a motor vehicle in a careless or distracted manner and becomes the proximate cause of serious physical injury to a vulnerable road user, can be found guilty of a Class 1 misdemeanor and penalized by up to […]

Virginia DUI Laws, Penalties and Defenses Explained by DWI Attorney for Alexandria, Fairfax, Arlington

Virginia DWI & DUI Laws and Penalties: VA Law 18.2-266 Virignia drunk driving laws are outlined in VA Code 18.2-266, which criminalizes DUI, DWI, and DUID as misdemeanor and felony criminal offenses. Virginia classifies first offense and second offense DUI / DWI cases as class 1 Misdemeanor crimes, punishable by up to 1 year in […]

Virginia Concealed Carry Permit Restrictions for Criminal Convictions or Pending Criminal Charges

Virginia Concealed Carry Permit Restrictions Virginia concealed carry law precludes the grant of concealed carry permits to individuals who have been found guilty / convicted of certain criminal offenses and even with those who have certain pending (not yet finalized) criminal charges. Under VA law, the following persons are disqualified from obtaining a concealed carry […]

Police Officer Defense Lawyer: Law Enforcement Defense, Use of Force

POLICE OFFICER TRUSTED LAW FIRM MEDVIN LAW PLC is one of the very few law firms trusted by Virginia police officers for the defense of serious internal investigations, criminal investigations, and personal traffic and family/domestic accusations. Attorney Marina Medvin has represented police officers, their friends, and their family members from many of the local VA/DC […]

Virginia Maiming Defense Attorney Explanation of Maiming Laws and Penalties

Maiming Defined and Explained Maiming is a class 6 Felony offense punished by up to 5 years in prison. Maiming is usually charged together with a DWI, driving while intoxicated. Maiming is a criminal negligence statute that punishes injuries caused by a vehicle collision when the driver is under the influence of alcohol. Any person […]

Failure to Appear on a Misdemeanor or Felony Charge in Virginia: A criminal defense lawyer’s explanation of charge 19.2-128

FAILURE TO APPEAR IS A VIRGINIA MISDEMEANOR & FELONY OFFENSE Forgetting to show up in a Virginia court or skipping it on purpose is a crime. If you were supposed to appear in court on a misdemeanor charge, then not showing up is a Class 1 misdemeanor offense. If you were supposed to be there […]

Virginia Criminal Offenses Related to Protests, Unlawful Assembly & Riots

Virginia Criminal Offenses Related to Protests, Unlawful Assembly & Riots § 18.2-404. Obstructing free passage of others. Any person or persons who in any public place or on any private property open to the public unreasonably or unnecessarily obstructs the free passage of other persons to and from or within such place or property and […]

Concealed Carry Insurance to Cover Attorney Fees

Concealed Carry Insurance Responsible gun owners now purchase concealed carry insurance, or self defense insurance, along with their weapons. This is now common, just as purchasing homeowners insurance for your home or auto insurance for your vehicle. As a criminal defense law firm that supports the 2nd Amendment and invokes self-defense frequently, we strongly encourage […]

Alexandria Prohibition of Firearms on City Property / During Protests – Class 1 Misdemeanor Offense

Alexandria, Virginia Prohibition of Firearms and Ammunition on City Property and During Protests Alexandria, Virginia has passed a new law that bans the possession of firearms and ammunition, even by individuals licensed to carry concealed weapons or otherwise lawfully carrying firearms, on city property, and during protests, as described below. Offenders will be prosecuted for […]

Prohibition of Firearm Possession by Substantial Risk Order in Virginia

Firearm Prohibition Under Substantial Risk Order Removal of firearms from persons posing a substantial risk in Virginia: A prosecutor or a police officer can apply for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. The legal standard […]

Prohibition of Firearm Possession by Protective Order in Virginia

Prohibition on Possessing Firearms While Under Protective Order Any person subject to a Protective Order is prohibited from possessing firearms while the Order is in effect under Virginia law. A violation of this law is punished as a Class 6 felony, by up to 5 years in prison and a $2500.00 fine. See Va Law […]

Virginia Law & Penalty: Unauthorized use of electronic tracking device

Virginia Law § 18.2-60.5 – Unauthorized use of electronic tracking device; penalty. Any person who installs or places an electronic tracking device, through intentionally deceptive means, and without consent, or causes an electronic tracking device to be installed or placed through intentionally deceptive means and without consent, and uses such device to track the location of any […]

Virginia Criminal Penalties For Firearm Dealers, Sellers and Buyers

Background Checks Required For Virginia Firearm Sales Virginia law now requires expansive background checks for all gun sales in Virginia (excluding transfers, such as trades and loans). Firearms dealers are guided by Va Law §18.2-308.2:2. Virginia State Police has 3 days to complete a criminal history check before a firearm can be transferred. Dealers may not […]

Virginia Punishment for Conviction of Felony

Virginia punishment for conviction of a felony range from death penalty to imprisonment and a fine. Penalties for Virginia Felony Charges Felony Class Maximum Imprisonment Minimum Imprisonment Maximum Fine Class 1 Life in Prison N/A $100,000.00 Fine Class 2 Life in Prison 20 Years $100,000.00 Fine Class 3 20 Years 5 years $100,000.00 Fine Class […]

Virginia Punishment for Conviction of a Misdemeanor

Virginia punishment for conviction of a misdemeanor criminal offense includes jail time and a fine, in addition to a criminal record. A misdemeanor is a criminal offense. Virginia has four categories of misdemeanor crimes – ranging from Class 1 (the most serious) to Class 4 (the least serious). Misdemeanors are criminal charges and will be […]

Virginia Assault and Battery Laws and Penalties – Defense Attorney’s Explanation of Misdemeanor Charges Under VA Code 18.2-57

VIRGINIA ASSAULT & BATTERY LAW & PENALTIES What is assault law in Virginia? Virginia groups both assault and battery into a single common statute. “Assault and Battery“, or “Simple Assault“, is class 1 Misdemeanor criminal charge under VA Law 18.2-57. Both assault and battery are punished by a maximum jail sentence of 1 year, a maximum […]

Virginia Boating While Intoxicated, Recklessly Operating Boat & Watercraft Criminal Offenses

Boating Criminal Offenses “Boat DWI / DUI” is known as a BUI / BWI: Operating Boat While Intoxicated Virginia law section 29.1-738 punishes operating a boat while intoxicated with a BAC level of .08 or above, or under the influence of drugs. This is a Class 1 Misdemeanor criminal offense punishable by up to 1 […]

Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyer’s Explanation of Brandishing, Reckless Handling of a Firearm, and Hunting Offenses

Virginia Firearms Offenses Penalty Table Description of Offense Code Section Criminal Classification Maximum Imprisonment Maximum Fine Brandishing firearm Va. Code 18.2-282 Class 1 Misdemeanor 12 Months $2,500.00 Fine Brandishing near School Va. Code 18.2-282 Class 6 Felony 5 Years $2,500.00 Fine Reckless handling of firearm Va. Code 18.2-56.1 Class 1 Misdemeanor 12 Months $2,500.00 Fine […]

Virginia Law: Computer Crimes

Computer Trespass Under Virginia Law 18.2-152.4, it is unlawful for any person, with malicious intent, or through intentionally deceptive means and without authority, to: 1. Temporarily or permanently remove, halt, or otherwise disable any computer data, computer programs or computer software from a computer or computer network; 2. Cause a computer to malfunction, regardless of […]

Virginia Law and Penalties for Distribution of Cocaine

Cocaine: Virginia Criminal Law Under Virginia Law, cocaine is classified as a Schedule I/II drug. It is unlawful in Virginia for any person to manufacture, sell, give, distribute, or possess with intent to manufacture, sell, give or distribute cocaine. Penalties for cocaine distribution, manufacturing, selling, giving, and possessing with intent to manufacture, sell, give, or distribute, are […]

Virginia Drunk in Public / Public Intoxication Laws, Penalties and Defenses

Drunk in Public / Public Intoxication: Virginia Misdemeanor Criminal Offense What is public intoxication law in Virginia? Drunk in Public or Public Intoxication is the Virginia criminal misdemeanor charge for public displays of drunkenness. Virginia law 18.2-388 punishes drunk behavior in public places. A conviction for public intoxication, or for being drunk in public, is punished […]

White Collar Criminal Defense

White Collar Criminal Defense White Collar Criminal Defense is the defense of prosecutions and investigations pertaining to employees, businesses and corporations, senior executives, or public officials and other individuals engaged in public positions. We defend individuals charged and investigated under Virginia law and for federal white collar crimes, at all stages of the investigation and […]

Possession of Drug Paraphernalia – Virginia Law & Penalty

Possession of Drug Paraphernalia Paraphernalia is generally punished as a misdemeanor, with a few felony exceptions. Advertising drug paraphernalia is punished under VA Code 18.2-265.5 as a Class 1 misdemeanor with up to 12 months in jail. Distributing drug paraphernalia to a minor is also punished as a Class 1 misdemeanor with up to 12 […]

Obtaining Drugs or Marijuana by Fraud, Deceit or Forgery – Virginia Law

Is it illegal to forge a marijuana or drug prescription? Yes. Virginia Code 18.2-258.1 criminalizes obtaining or procuring the administration of controlled substances by fraud, lying or forgery. This means that individuals who forge prescriptions for marijuana or increase the dose that is prescribed are committing a class 6 felony. Related crimes include prescription pad […]

Virginia Concealed Carry Permit Laws

Virginia Law Concealed Weapons and Concealed Handgun Permits § 18.2-308. Carrying concealed weapons; exceptions; penalty. A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any […]

Virginia Marijuana Law, Penalties and Defense: Possession with Intent to Distribute Marijuana & Felony Marijuana Charges

Virginia Marijuana Law Under Virginia law 18.2-248.1, it is a criminal offense for any person to sell, give, distribute or possess with intent to sell, give, or distribute marijuana. Simple possession of marijuana is also unlawful, but it is not criminal. In 2024, marijuana will become legal in Virginia. For now the penalties for marijuana offenses […]

Virginia Larceny Lawyer’s Explanation of Grand Larceny, Petit Larceny, Concealment Laws & Penalties

Virginia Larceny Law Larceny is the Virginia crime of theft. Virginia courts define larceny as the unauthorized taking of things of value, belonging to another, without the owner’s consent, and with the intention to deprive permanently. Grand larceny is a felony offense, while petit larceny is a misdemeanor offense. Grand larceny is charged when the […]

Virginia Law on Criminal Records & Background Checks

As of July 1, 2020, under Virginia law, it is a Class 1 misdemeanor crime for an employer to require a job applicant to disclose information concerning a possession of marijuana arrest, charge, or conviction.   § 19.2-389.3. Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state […]

Virginia’s Move Over Law – Reckless Driving, Class 1 Misdemeanor

Virginia’s Move Over Law Anyone driving on a Virginia highway must yield the right-of-way or reduce speed when approaching stationary emergency vehicles displaying warning lights. A violation for failing to comply with the Move Over Law is classified as Reckless Driving and punished as a Class 1 misdemeanor. Convicted drivers face up to a year in […]

Class 1 Misdemeanor to Violate Virginia’s Stay At Home Order – Law, Penalties and Defenses

Governor’s Executive Order: Virginia Law Under Virginia law, a governor has the authority to declare a state of emergency and to create and enforce laws to effectuate provisions safeguarding public health threats. Under Virginia law, a governor has the authority to declare a state of emergency and to create and enforce laws to effectuate provisions […]

Virginia Self Defense and Use of Force Laws, Defense of Excessive Police Use of Force

Virginia Law of Self Defense

Virginia law protects the use of reasonable and proportional force to defend life, limb, and property. This right extends to individuals and to those they seek to protect (third parties). Virginia recognizes justifiable and excusable self-defense.

Self-defense, however, is not summarized in a statue or through a simple equation. Instead, self-defense is defined broadly by Virginia courts as the amount of force used to defend oneself that is not excessive and is reasonable in relation to the perceived threat. This means that judgment as to whether the use of force was reasonable will be determined on a case-by-case basis, ex-post-facto. 

Virginia police and prosecutors will decide whether to charge someone who used force in self-defense. They will evaluate each case based on physical evidence, eyewitness observations, and statements made by the person claiming self-defense. Unfortunately, firearm owners in Virginia frequently find themselves charged with brandishing, manslaughter or even murder when law enforcement officers and prosecutors do not believe self-defense was a valid claim.

As such, self-defense is most commonly used by a criminal defense attorney as an affirmative defense to a criminal charge. Self-defense is used as a defense in the following types of Virginia cases: Murder, Manslaughter, Assault and Battery, Brandishing a Firearm, Disorderly Conduct, Reckless Handling of a Firearm, and Resisting Arrest.

Sexting Laws in Virginia Explained by Criminal Defense Attorney Defending Charges in Fairfax, Alexandria, Arlington

What is “sexting” in Virginia?” Sexting is the act of sending explicit images to another person using digital devices. The act in itself isn’t illegal. It becomes illegal when the subject in the photos is a minor. Virginia law creates a presumption that the image is of a minor when the person in the image […]

Virginia ASAP Violation / ASAP Non-Compliance in Alexandria, Fairfax and Arlington

VIOLATING DUI PROBATION: ASAP VIOLATION / ASAP NON-COMPLIANCE Imposition of Suspended Sentence Upon conviction of a DWI offense, Virignia courts sentence guilty persons to jail time and a fine, and frequently suspend positions of the fine and the jail time conditioned on successful completion of the ASAP program. VASAP or ASAP is the Virginia Alcohol Safety […]

Attorney Explanation of Virginia Law 18.2-266.1 Driving After Illegally Consuming Alcohol Under 21

Virginia “ZERO TOLERANCE” Law for Underage Drinking and Driving Virginia law VA Code 18.2-266.1 punishes juveniles and persons under the age of 21 who are caught driving after illegally consuming alcohol with a BAC between .02 and .07. Driving after illegally consuming alcohol is punished as a Class 1 misdemeanor charge in Virginia criminal code. […]

Bond Motions, Virginia Bail & Bond Law applied in Alexandria, Arlington & Fairfax

Virginia Bail and Bond Motions Alexandria | Fairfax | Arlington 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 […]

Virginia Obstruction of Justice Laws & Penalties Explained by Criminal Defense Attorney

Virginia Law: Obstruction of Justice The crime of obstruction of justice occurs when “any person by threats of bodily harm or force knowingly attempts to intimidate or impede … any law enforcement officer, lawfully engaged in the discharge of his duty….” VA Law § 18.2-460(C). Obstruction of Justice is a Class 1 misdemeanor in Virginia, […]

Virginia Resisting Arrest Laws & Penalties Explained by Criminal Defense Attorney

Virginia Law: Resisting Arrest Resisting Arrest, a misdemeanor under VA Law 18.2-460(E), is defined as fleeing from an officer while he is attempting to make a lawful, proper arrest of the individual charged. Resisting Arrest is a Class 1 misdemeanor criminal offense in Virginia, which is punishable by up to a year in jail, and […]

Attorney Representation During Police Investigation

Police Investigations: Should I Obtain Criminal Defense Attorney Representation? “Should I consult with an attorney, or hire an attorney, if I am being investigated by the police for a criminal offense?” The answer is yes, and yes. Do not speak to police officers prior to consulting with an attorney.

Virginia Disorderly Conduct Laws, Penalties, and Defenses for Charges – Va Code 18.2-415

DISORDERLY CONDUCT Disorderly Conduct under Virginia law is defined as a criminal act that: takes place in a public place, has direct tendency to cause violence at the person at whom such conduct is directed, and the accused intended to cause a public inconvenience, annoyance or alarm, or recklessly created a risk for one of […]

College Campus / University Rape Allegation Attorney Representation

Virginia University / College Campus Rape Allegation Representation We offer criminal defense representation for individuals accused of rape or sexual assault on Virginia University and College Campuses. Rape accusations and disciplinary hearings / proceedings can lead to disciplinary actions, expulsion from the schools, and criminal charges. We strongly recommend that any individual accused of rape […]

Virginia Rape Victim Attorney | College Campus & University Rape Victim Representation

Virginia Rape Victim Representation While our Virginia attorneys specialize in criminal defense, we believe it is paramount for all victims to be adequately represented by an experienced attorney as well. If you are a victim of a rape, we may accept your rape victim case, or, if you feel more comfortable, we can also refer […]

Virginia Drug Laws and Penalties: Possession, Distribution, Sale, and Manufacture

Virginia Drug Possession Under Virginia law, the crime of illegal drug possession occurs when a person possesses a controlled substance without a valid prescription. Code of Virginia § 18.2-250. Possession of a Schedule I or II Controlled Substance is a Felony. Possession of a Schedule III, IV, V, and VI of Controlled Substance are misdemeanor […]

Virginia Penalties for Indecent Exposure, Crimes Against Nature, Bestiality, Obscene Acts, Sexual Battery, etc.

§ 18.2-387. Indecent exposure. Every person who intentionally makes an obscene display or exposure of his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself, shall be guilty of a Class 1 misdemeanor. No person shall be deemed to […]

Dangerous Dog and Canine Criminal Laws in Virginia

Dangerous Dog and Canine Criminal Laws in Virginia Relevant Virginia criminal canine code sections, not an exclusive list, is below. Relevant local code sections from localities Alexandria, Fairfax, Arlington, Vienna and Falls Church are also highlighted. § 3.2-6585. Dogs and cats deemed personal property; rights relating thereto. All dogs and cats shall be deemed personal […]

Virginia Reckless Driving 46.2-862 / 46.2-852 Misdemeanor Speeding Laws, Penalties and Defenses – Explained by Criminal Defense Attorney

WHAT IS RECKLESS DRIVING IN VIRGINIA? What is the Reckless Driving law in Virginia? Reckless Driving is a criminal traffic offense in Virginia, punished as a Class 1 Misdemeanor. Under Virginia law 46.2-862, anyone driving in Virginia is guilty of Reckless Driving when operating a motor vehicle on a Virginia road either: at a speed […]

Virginia Credit Card Criminal Laws & Defenses Explained by Defense Lawyer

VIRGINIA CREDIT CARD AND CREDIT CARD NUMBER THEFT Under Virginia law, if you obtain another person’s credit card or credit card number, without their knowledge or consent; or, even if you just receive or buy the credit card or credit card number from someone without personally stealing it but you intend to use it or […]

Virginia Law on Solicitation of Prostitution Explained by Criminal Defense Attorney

Virginia Law: Solicitation of Prostitution One of the most commonly charged decency offenses in Northern Virginia is Solicitation of a Prostitute. Criminal solicitation of prostitution is a Class 1 Misdemeanor, punished by up to 12 months in jail, a $2500.00 fine, and a sexually transmitted disease blood test. The crime of Solicitation of a prostitute […]

Driving on a Revoked or Suspended License, Review of Virginia Laws & Defenses

VIRGINIA LAW ON DRIVING ON A SUSPENDED LICENSE Virginia law punishes driving behavior as a crime. If you drive in Virginia after your driver’s license was suspended or revoked, you will be charged with a Class 1 misdemeanor offense under VA Law 46.2-301 (shared by county code 82-1-6 in Fairfax). A third or subsequent offense […]

Virginia Law – Making a False Statement on Criminal History Consent Form When Purchasing Firearm

Making a False Statement on Criminal History Consent Form Virginia Code 18.2-308.2:2 outlines a Class 5 Felony offense for lying or making a false statement on a criminal history form when purchasing a firearm. This is a serious criminal offense punishable by up to 10 years of imprisonment in Virginia. This is most commonly applicable […]

Virginia Sexual Battery Laws Explained by Criminal Defense Lawyer

Sexual Battery Under Virginia Law Sexual battery, first offense, is a Class 1 Misdemeanor criminal offense under Virginia law, punishable by up to 12 months in jail and a $2500.00 fine. A third sexual battery offense is a Class 6 Felony, punishable by up to 5 years of imprisonment. A defendant commits sexual battery when […]

Vehicular Manslaughter & Maiming from Driving While Intoxicated | Virginia Law Explained 18.2-51.4 & 18.2-36.1

Virginia Maiming Charges – Va Law 18.2-51.4 Virginia law punishes the causation of bodily injuries as a result of driving while intoxicated as a class 6 felony entitled Maiming. Maiming is punished by up to 5 years in prison. Virginia law 18.2-51.4 states in relevant part: Any person who, as a result of driving while intoxicated […]

Virginia Juvenile Criminal Defense Lawyer’s Explanation of Laws, Penalties and Procedures for Juvenile Charges

SPECIAL TREATMENT FOR JUVENILES UNDER VIRGINIA LAW Juvenile criminal defense is different under Virginia law from adult criminal defense. Juveniles generally experience more lenient treatment under Virginia Law. Crimes by Juveniles are generally prosecuted as delinquency acts in Virginia Juvenile and Domestic Relations District Courts. Juveniles are defined by their age for purposes of prosecution: […]

Miranda Rights and Self Incrimination in Virginia FAQ

CONSTITUTIONAL RIGHT AGAINST SELF-INCRIMINATION The Fifth Amendment to the United States Constitution guarantees that “[no] person . . . shall be compelled in any criminal case to be a witness against himself.” In Miranda v. Arizona, the United States Supreme Court extended the Fifth Amendment privilege against self-incrimination to individuals subjected to custodial interrogation by […]

Virginia Felony Malicious Wounding Laws, Penalties, and Defenses | Virginia Criminal Law Attorney

Malicious Wounding – Virginia Law Explained Under Virginia Law § 18.2-51, malicious wounding is a Class 3 Felony criminal offense punishable by up to 20 years in prison and a $100,000 fine. Virginia law on malicious wounding can be summarized as: any person who maliciously shoots, stabs, cuts, or wounds any person, or, by any means cause him […]

Virginia Criminal Charges for Threatening Harm — VA Law Explained by Criminal Defense Attorney

Threatening Harm – A Crime Under Virginia Law Virginia law criminalizes a written threat (handwritten or computerized) to kill or commit a bodily injury as a class 6 felony offense. This is punishable by up to 5 years in prison. Intent to commit an act of terrorism elevates the threat crime to a class 5 felony. A threat made […]

Criminal Offenses in Alexandria Virginia

List of Local City Ordinance Criminal Offenses in the City of Alexandria, Virginia Sec. 13-1-1 – Abusive language. If any person shall, within the city, in the presence or hearing of another, curse or abuse such person, or use any violent, abusive language to such person concerning himself or any of his relations, or otherwise […]

Virginia Arson and Malicious Burning Laws, Penalties & Defenses

ARSON / MALICIOUS BURNING LAW IN VIRGINIA Malicious Burning is the charge for criminal arson under Virginia law. Malicious burning of an occupied dwelling is a Felony offense punishable by a maximum sentence of life in prison if convicted. We strongly recommend that you contact us immediately if charged with any Malicious Burning offense in […]

Carrying Concealed Handgun While Intoxicated in Virginia, Class 1 Misdemeanor Va Code 18.2-308.012

CARRYING A CONCEALED HANDGUN WHILE INTOXICATED Virginia law criminalizes the carrying of a legally concealed handgun while under the influence of alcohol or drugs under Va Law 18.2-308.012. This is a Class 1 misdemeanor offense punished by up to a year in jail, a $2,500 fine, and revocation of a concealed handgun permit. Moreover, an […]

Virginia DUI Second Offense Penalties

Virginia DUI / DWI Law: Second Offense Virginia classifies 2nd Offense DUI and DWI offenses as Class 1 Misdemeanor criminal acts punishable by at least 10 days in jail for a Second DUI in 10 years (with a maximum punishment of 1 year in jail), a fine between $500.00 and $2,500.00, 3 years of driver’s […]

Drunk Driving: DUI and DWI Laws and Penalties in Alexandria Virginia

Alexandria Virginia DWI & DUI Laws and Penalties: Law 18.2-266 What are the DUI and DWI laws in Alexandria, Virginia? Alexandria’s DUI and DWI laws are outlined in VA Law 18.2-266, encompassing behaviors known as DUI, DWI, and DUID as a class 1 misdemeanor drunk driving offense. Alexandria punishes DUI and DWI convictions by up to 1 year […]

Explanation of Virginia Laws and Penalties for Felony, Misdemeanor and Criminal Traffic Offenses

Overview of Virginia Felonies, Misdemeanors, and Non-criminal Offenses Virginia offenses are classified as either felonies or misdemeanors. Offenses that are punishable by confinement in a prison are deemed felonies; all other criminal offenses are misdemeanors. Traffic infractions are violations of public order and not deemed to be criminal in nature. Definition of a Misdemeanor under […]

Virginia Lawyer Explains VA Law of False Pretenses, Forgery, Uttering and Fraud

WHAT IS THE CRIME OF OBTAINING MONEY BY FALSE PRETENSES IN VIRGINIA? False Pretense is the crime charged when money or ownership of property is obtained from a person by intentional misrepresentation, trick, or lying. The most commonly charged False Pretense crime occurs when individuals receive cash in exchange for fake or fraudulent checks at […]

Synthetic Marijuana Virginia Penalties and Defenses Explained for Va Law 18.2-248.1:1

SYNTHETIC MARIJUANA LAW IN VIRGINIA VA Law 18.2-248.1:1 is the prohibition against possession, sale, gift, distribution, and possession with intent to distribute (“PWID”) synthetic marijuana in Virginia. Synthetic marijuana has a street name of “K2” or “Spice” of “Synthetic Cannabinoids” or “JWH.” Synthetic marijuana has the appearance of ground marijuana or potpourri. It is sold […]

Virginia Destruction of Property and Vandalism Laws, Penalties and Defenses – VA Code 18.2-137

DESTRUCTION OF PROPERTY Destruction of Property is criminal vandalism under Virginia law. Virginia punishes the intentional destruction, damage, defacing, and removal of property belonging to someone else. Generally, regardless of what kind of property you destroy in Virginia, the offense will be classified as a misdemeanor or a felony based on the value of the […]

Virginia Law & Penalties for Unauthorized Use of Vehicle Explained by Defense Attorney

Virginia Law 18.2-102 – Unauthorized Use of Vehicle Unauthorized use of a vehicle is a Class 6 Felony under Virginia law. It is punished by up to 5 years in prison and a $2500, in addition to restitution. Borrowing a vehicle without permission, even though you planned to return it and never intended to steal […]

Dissemination of Nude Images Virginia Law 18.2-386.2

Dissemination of Nude Images – Virginia Law 18.2-386.2 It is illegal under Virginia law to distribute nude images maliciously. Unlawful Dissemination of Nude Images is prohibited under Virginia Law 18.2-386.2. This is a Class 1 misdemeanor offense punished by up to 12 months in jail and a $2500 fine.   § 18.2-386.2. Unlawful dissemination or […]

Virginia Rape Laws and Defenses Explained by Criminal Defense Lawyer

Virginia Rape Law Rape is a serious felony offense under Virginia Law 18.2-61. It is punished by a maximum penalty of life imprisonment, with a minimum penalty of five years in prison. Adult rape is defined as having sexual intercourse with another, against their will, by force, threat, or intimidation. The force, threat, or intimidation element is judged […]

Virginia Self Defense Law Explained

Virginia Law: SELF-DEFENSE Life is the most basic right of them all. Human beings have an inherent right to protect their life. Virginia law protects your right to use reasonable force in self defense and in the defense of another person’s life. In many instances, Virginia police and prosecutors will not charge someone using self […]

Virginia Criminal Conspiracy Laws, Penalties, & Defenses

WHAT IS CRIMINAL CONSPIRACY? Under Virginia law, conspiracy is defined as two or more people deciding or agreeing together to commit some crime, or to accomplish a legal act by unlawful means. A person doesn’t need to know every detail of the criminal plan to be a conspirator, it’s sufficient to know just a portion […]

Fairfax County Criminal Laws and Penalties

Fairfax County, Virginia Criminal Laws and Penalties Fairfax County enforces Virginia felony and misdemeanor laws, in addition to Fairfax County local laws. Fairfax County Police Department enforces local Fairfax County laws and Virginia laws through citations, summons, and arrest. Misdemeanors, traffic tickets, Reckless Driving citations, and DWI charges are prosecuted in the Fairfax County General […]

Vienna Virginia Traffic & Criminal Laws & Penalties

Town of Vienna, Virginia Traffic & Criminal Laws and Penalties Vienna is a Town in Virginia which enforces Virginia felony, misdemeanor, & traffic laws, in addition to Vienna local laws. Vienna local laws may be found here. The Town of Vienna Police Department enforces Vienna and Virginia laws through citations, summons, and arrest. Misdemeanors, traffic […]