Virginia Criminal Law

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

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’s New Gun Control Laws & Penalties

New Firearm Criminal Offenses for the Possession & Sale of Firearms in Virginia Virginia’s new gun control laws are:  1) Required background checks on all firearm sales in Virginia, with criminal penalties for both sellers and purchasers who violate this law. 2) The establishment of an “Extreme Risk Protective Order” that gives police and prosecutors the […]

Brandishing Firearm – Virginia Law, 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 any 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 […]

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 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 […]

Law Enforcement Defense: Police Officer Use of Force

POLICE OFFICER TRUSTED LAW FIRM MEDVIN LAW PLC is one of the very few law firms trusted by Northern Virginia law enforcement officers for the defense of serious internal investigations, criminal investigations, and personal matters. We have represented police officers, their friends, and their family members from many of the local VA/DC Metro area police […]

Virginia Juvenile Criminal Defense Lawyer’s Explanation of Laws, Penalties and Procedures for Juvenile Charges: Possession of Alcohol by a Minor, Grand Larceny, Petit Larceny, Possession of Marijuana, and Other Offenses

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: […]

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 […]

SBA Small Business Administration Loan Fraud Federal Charges: PPP Borrowers

Federal Criminal Charges for SBA Small Business Administration Loan Fraud The SBA is a federal agency that aims to help American businesses with loans. Fraud or misrepresentation on the application, or in the inducement of such a loan, or receipt of the funds, is a federal crime. As with all federal crimes, the government will […]

Federal Commerce Fraud Charges 15 USC 645 – False Statements, Embezzlement, Concealment, Misrepresentation

U.S. Code Title 15. Commerce and Trade § 645. Offenses and penalties 15 U.S.C. § 645 (a)  False statements;  overvaluation of securities Whoever makes any statement knowing it to be false, or whoever willfully overvalues any security, for the purpose of obtaining for himself or for any applicant any loan, or extension thereof by renewal, […]

Federal Prosecution for 18 USC 1001 – Concealment, False Statements, Fictitious Document

Federal Crime: 18 USC §1001 – Concealment, False Statements Under federal law, it is a felony punishable by up to 5 years in prison to knowingly and willfully conceal or falsify or cover up a material fact in a federal investigation; or, to make a materially false statement (Michael Flynn prosecution); or, to use or make […]

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 […]

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 […]

THC Oil – Virginia Criminal Law & Penalties

Virginia Law and Penalties – THC Oil Offense Classification Incarceration Max. Fine Possessing THC Oil Felony 1 – 10 years $ 2,500 Manufacturing, selling, giving, distributing, or possessing with intent to distribute Felony 5 – 40 years $ 500,000 Bringing more than 1 oz of THC oil into the state Felony 5 – 40 years […]

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 as of July 1, 2020. Possession with Intent to Distribute Marijuana (“PWID”) Virginia criminalizes Possession […]

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 permanently deprive. 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 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’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 […]

Possession of Marijuana Law and Procedure for Arlington, Virginia

Possession of Marijuana Law and Procedure for Arlington, Virginia The prosecution of simple cases of possession of marijuana in Arlington is different than the prosecution of these cases in other Virginia jurisdictions. The newly elected Arlington prosecutor declared that her team is expected to non-prosecute charges of marijuana possession in General District Court and Circuit Court of […]

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 Law & Defenses: Possession of Marijuana and Possession with Intent to Distribute Marijuana PWID

Possession of Marijuana Penalties: Possession of Marijuana is illegal under Virginia law. VA Law § 18.2-250.1 penalizes possession of marijuana as a misdemeanor criminal offense. First offense possession of marijuana is punished by up to 30 days in jail, a $500 fine, 6 months loss of driver’s license, and a mandatory drug program. Second offense possession […]

Possession of Marijuana Law & Procedure for Fairfax County, Virginia

Possession of Marijuana Law and Procedure for Fairfax County, Virginia The prosecution of simple cases of possession of marijuana in Fairfax County is different than the prosecution of these cases in other Virginia jurisdictions. The newly elected Fairfax County prosecutor declared on January 2, 2020, that his team is expected to non-prosecute charges of marijuana possession in […]

Federal DUI / DWI Charges – Federal Parks – Federal Roads – Park Police Charges 36 CFR 4.23

36 CFR § 4.23 – Federal Park Police DUI and DWI Charges 36 CFR § 4.23 punished two variations of drunk driving: (1) driving under the influence (“DUI”) in violation of 36 C.F.R. § 4.23(a)(1), and (2) driving while intoxicated (“DWI”) in violation of 36 C.F.R. § 4.23(a)(2). Operating a motor vehicle in a National […]

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 […]

Pentagon Reservation Traffic Misdemeanors and DUI / DWI Laws

Pentagon Traffic Misdemeanors and DUI / DWI Laws The Pentagon Reservation, located near Arlington, Virginia, imposes its own federal Pentagon DUI and DWI laws and imposes local Virginia traffic laws as well. Offenses and arrests on the Pentagon Reservation are prosecuted in the United States District Court for the Eastern District of Virginia in Alexandria, […]

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 — VA Law Explained by Criminal Defense Attorney

Threatening Harm – A Crime Under Virginia Law Virginia law criminalizes threats to kill or commit a bodily injury as a class 6 felony offense, punishable by up to 5 years in prison. If the threat instead appears to intimidate or harass, then the threat is a class 1 misdemeanor offense, punishable by up to […]

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 […]

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.

Federal Cyber Crime Defense Attorney Explains Computer Crime & Hacker Charges in the Federal United States District Court in Alexandria Virginia 18 U.S.C. § 1030

Federal Cyber Crime Federal cyber crimes and computer crimes generally consist of cyber attacks and hacking, even Anonymous “hacktivist” activity. Most computer crimes are Federal jurisdiction due to the interstate nature of the hacking activity and server location. Some computer crimes are Federal in nature due to the Federal government owning the target computer, server, […]

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 (with a maximum punishment of 1 year in jail), a fine between $500.00 and $2,500.00, 3 years of driver’s license suspension, probation, and alcohol education classes. […]

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 […]

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 without providing your insurance information to the other driver. The hit […]

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

Overview of Virginia Felonies, Misdemeanors, and Traffic Offenses. Definition of Misdemeanor under VA Law – Offenses punishable by fine not exceeding $2,500 or being jailed for a term not exceeding 12 months or a combination of fine and jail within these limits. Criminal record attached upon conviction. Definition of Felony under Va Law – A […]

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 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 […]

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

What is the crime of Embezzlement under Virginia Law? Embezzlement under Virginia law can be 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 […]

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 […]

Federal Criminal Conspiracy Laws Explained by Federal Criminal Defense Attorney

18 U.S.C. § 371—Conspiracy to Defraud the United States The general conspiracy statute, 18 U.S.C. § 371, creates an offense “[i]f two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose.” The gist of the crime […]

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 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 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 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 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 […]

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 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). Self-defense, however, is not summarized in a statue or through a simple equation. Instead, self-defense is defined broadly by Virginia […]

Federal Criminal Lawyer for Campaign, Corruption, Fraud and Election Law

Public Corruption and Fraud Public corruption in any form is the misuse of a public or government office for private gain. It is a basic tenet that government is not to be used for personal enrichment and the extending of benefits to the corrupt. A democracy is effective only if the people have faith in […]

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

VIOLATING DUI PROBATION: ASAP VIOLATION / ASAP NON-COMPLIANCE Revocation of suspension of sentence Upon conviction of a DWI offense, Virignia courts sentence guilty persons to ASAP classes and ASAP probation. VASAP or ASAP is the Virginia Alcohol Safety Action Program. This is a 20-hour program which focuses on substance abuse and driving, substance abuse and health, and […]

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. […]

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 […]

Virginia 4th Amendment Search and Seizure Law for Searches of Vehicles and Persons in Marijuana, Drug, and Weapons Cases: FAQ Answered By Criminal Defense Attorney

TEXT OF THE BILL OF RIGHTS “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons […]

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

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 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 […]

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 […]

Alexandria Federal Detention Hearings and Bond Motions

Alexandria Federal Detention Hearings and Bond Motions In Alexandria Virginia’s United States District Court for the Eastern District of Virginia Bail and Detention in Criminal Cases: The Eighth Amendment to the United States Constitution provides that “excessive bail shall not be required . . .” U.S. Const. Amend. VIII. The United States Supreme Court has […]

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 […]

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 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 […]

Federal Bank Fraud Charges in Alexandria Virginia

Federal Bank Fraud 18 USC § 1344 Section 1344 of Title 18, United States Code punishes by up to 30 years of imprisonment, the use of a scheme or artifice either to defraud a Federally chartered or insured financial institution or to obtain any of the monies, funds, credits, assets, securities, or other property owned […]

Federal Charges for Theft, Embezzlement & Misapplication by Bank Officer or Employee in Alexandria Virginia

The federal government can charge Bank Fraud as Embezzlement, Abstraction, Purloining or Willful Misapplication under one of two code sections, Sections 656 and 657 of Title 18, United States Code. These charges will differ mainly in the types of financial institutions to which they apply. 18 U.S.C. § 656 applies to banks, while 18 U.S.C. […]

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 […]

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 […]

Federal Sexting Laws & Penalties: Creation of or Enticement to Create Child Pornography, Sexual Exploitation of Minors, etc.

This law firm represents teenagers and young men and women accused of Federal crimes for exchanging photos and videos depicting teenagers under the age of 18 while nude or engaged in sexual acts. The exchange of these photos and videos is commonly referred to as “sexting.” Sexting takes place over text messages, in chat apps […]

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 […]

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 […]

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 […]

Federal Penalties & Defense for Simple Possession of Marijuana and Other Drugs

Review Our Drug / Marijuana Case Results This is a chart of the maximum fines and terms of imprisonment that may be imposed as a consequence of conviction for violation of Simple Possession of marihuana and other drugs under the federal Controlled Substances Act and other drug and marijuana laws. 21 U.S. Code § 844 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

White Collar Criminal Defense

White Collar Criminal Defense White Collar Criminal Defense is the criminal defense of prosecutions and investigations pertaining to businesses and corporations, senior executives, public officials and other individuals engaged in public positions. We defend individuals charged or investigated under Virginia law, and for Federal crimes. White Collar Practice Areas Grand Jury Investigations Embezzlement Business Fraud […]

United States District Court Violation Notice for Federal Courthouse in Alexandria Virginia

United States District Court Violation Notice for the Federal Courthouse in Alexandria Virginia The United States District Court Violation Notice is a Federal ticket for criminal and traffic offenses issued by law enforcement personnel from agencies such as the U.S. Park Police, U.S. Fish & Wildlife, Department of Defense Police, U.S. Coast Guard, U.S. Provost […]

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 […]