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 District Court located at 4110 Chain Bridge Road, Fairfax, VA 22030. Felonies are prosecuted in the Fairfax County Circuit Court.
Section 1-1-14. – Classes of misdemeanors; definition; punishments.
(a) Wherever in this Code there appears a designation of a misdemeanor or by class, that designation shall mean in accordance with Code of Virginia, Section 18.2-11, that the following punishments for conviction of the misdemeanor are authorized:
(1) For Class 1 misdemeanors, confinement in jail for not more than twelve (12) months and a fine of not more than Two Thousand Five Hundred Dollars ($2,500), either or both.
(2) For Class 2 misdemeanors, confinement in jail for not more than six (6) months and a fine of not more than One Thousand Dollars ($1,000.00), either or both.
(3) For Class 3 misdemeanors, a fine of not more than Five Hundred Dollars ($500.00).
(4) For Class 4 misdemeanors, a fine of not more than Two Hundred Fifty Dollars ($250.00).
Fairfax Criminal Attorney Consultation Call 888-886-4127
This article is written by Fairfax criminal defense attorney Marina Medvin, who has law offices in Alexandria and Fairfax Virginia. She represents individuals charged with these crimes in Fairfax General District Court. Please call for a consultation request.
Section 1-1-15. – Issuance and service of summons in place of warrant in misdemeanor case; failure to appear separate violation.
(a) Whenever any person is arrested for a violation of any provision of this Code punishable as a misdemeanor, except as otherwise provided in Code of Virginia, Title 46.2, or Section 18.2-266, as amended, the arresting officer shall take the name and address of such person and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Upon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody.
(b) Any person refusing to give such written promise to appear shall be taken immediately by the arresting or other police officer before the nearest or most accessible judicial officer or other person qualified to admit to bail having jurisdiction, who shall proceed according to provisions of Code of Virginia, Section 19.2-123, as amended.
(c) Any person who willfully violates his written promise to appear, given in accordance with this Section, shall be guilty of a Class 1 misdemeanor, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested.
(d) Anything in this Section to the contrary notwithstanding, if any person is believed by the arresting officer to be likely to disregard a summons issued under the provisions of this Section, the arresting officer shall take such person forthwith before the nearest or most accessible judicial officer or other person qualified to admit to bail in lieu of issuing the summons, who shall determine whether or not probable cause exists that such person is likely to disregard a summons, and may issue either a summons or warrant as he may determine proper.
(e) Notwithstanding the above, if any person is reasonably believed by the arresting officer to be likely to cause harm to himself or to any other person, the officer may take such person before a magistrate or other issuing authority of the County and request the issuance of a warrant.
Section 5-1-1. – Drunkenness1 and profane swearing.
(a) If any person profanely curse or swear or be drunk in public he shall be deemed guilty of a Class 4 misdemeanor.
In any area in which there is located a court-approved detoxification center, a law enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.
(b) If any person shall be convicted for being drunk in public three (3) times within one (1) year, such person shall be guilty of a Class 3 misdemeanor.
Section 5-4-1. – Trespassing after having been forbidden to do so.
(a) If any person shall without authority of law go upon or remain upon the lands, buildings or premises of another, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted on such lands, buildings, premises or part, portion or area thereof at a place or places where it or they may be reasonably seen, he shall be deemed guilty of a Class 1 misdemeanor.
(b) This Section shall not be construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136, and 29-169 and 29-170, Va. Code Ann.
Section 5-4-2. – Trespass; instigating, trespass by others; preventing service to persons not forbidden to trespass
If any person solicit, urge, encourage, exhort, instigate or procure another or others to go upon or remain upon the lands, buildings or premises of another, or any part, portion or area thereof, knowing such other person to have been forbidden, either orally or in writing, to do so by the owner, lessee, custodian or other person lawfully in charge thereof, or knowing such other person to have been forbidden to do so by a sign posted on such lands, buildings, premises or part, portion of area thereof at a place where it may reasonably be seen; or if any person shall, on such lands, buildings, premises or part, portion or area thereof prevent or seek to prevent the owner, lessee, custodian, person in charge or any of his employees from rendering service to any person not so forbidden, he shall be deemed guilty of a Class 1 misdemeanor
Section 5-1-2. – Loitering; definitions; peace and good order.
(a) Definitions. For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
(1) Loiter shall mean to stand around or remain, or to park or remain parked in a motor vehicle at a public place or place open to the public and to engage in any conduct prohibited under this law. Loiter also means to collect, gather, congregate, or be a member of a group or a crowd of people, who are gathered together in any public place or place open to the public and to engage in any conduct prohibited under this law.4  (2) Public place shall mean any public street, road, or highway, alley, land, sidewalk, crosswalk, or other public way, or any public resort, place of amusement, park, playground, public building or grounds appurtenant thereto, school buildings or school grounds, or public parking lot or any other publicly owned property.
(3)Place open to the public shall mean any place open to the public or any place to which the public is invited or may reasonably expect to be invited, and in, on, or around any privately owned place of business, private parking lot, or private institution, including places of worship, cemeteries, or any place of amusement and entertainment whether or not a charge of admission or entry thereto is made. It includes the elevator, lobby, halls, corridors and areas open to the public of any store, office, or apartment building.
(b)Prohibited conduct. It shall be unlawful for any person to loiter at, on or in a public place or place open to the public in the following manner:
(1) To interfere, impede or hinder the free passage of pedestrian or vehicular traffic; or
(2) To threaten or do physical harm to another member or members of the public; or
(3) To threaten or do physical harm to the property of another member or members of the public; or
(4) That by words, acts or other conduct it is clear that there is a present danger of a breach of the peace or disorderly conduct.
Any person who is loitering as defined in this Section shall be guilty of a misdemeanor and shall upon conviction thereof be punished in accordance with Section 1-1-12.
(c) Identification. Repealed by 24-83-5.
(d) Lawful assembly. Nothing herein shall be construed to prohibit orderly picketing or other lawful assembly.
(e) Penalties. Any person violating any provision of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with Section 1-1-12.
Section 5-1-3. – Peeping or spying into structure occupied as dwelling.
If any person shall enter upon the property of another, in the nighttime, and secretly or furtively peep through or attempt to peep, into, through or spy through a window, door or other aperture of any building, structure or other enclosure of any nature occupied or intended for occupancy as a dwelling, whether or not such building, structure or enclosure be permanently situated or transportable and whether or not such occupancy be permanent or temporary, such person shall be guilty of a Class 1 misdemeanor.
Section 5-1-4. – Disorderly conduct in public places; ejection of violators.
(a) A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
(1) In any street, highway, public building, or while in or on a public conveyance, or public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this Article; or
(2) Willfully, or being intoxicated, whether willfully or not, disrupts any meeting of the governing body of any political subdivision of this State or a division or agency thereof, or of any school, literary society or place of religious worship, if such disruption prevents or interferes with the orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person or persons at whom, individually, such disruption is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this Article.
(3) A person violating any provision of this Section shall be guilty of a Class 1 misdemeanor.
(b) The person in charge of any such building, place, conveyance or meeting may eject therefrom any person who violates any provision of this Section, with the aid, if necessary, of any persons who may be called upon for such purpose.
Section 5-1-5. – Obstructing passage of others.
(a) 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 public place or private property and who shall fail or refuse to cease such obstruction or move on when requested to do so by the owner or lessee or agent or employee of such owner or lessee or by a duly authorized law enforcement officer shall be guilty of a Class 1 misdemeanor.
(b) Nothing in this Section shall be construed to prohibit lawful picketing.
Section 5-1-6. – What constitutes a riot or unlawful assembly.
(a) As used in this Chapter:
(1) Any unlawful use, by three (3) or more persons acting together, of force or violence which seriously jeopardizes the public safety, peace or public order is riot.
(2) Whenever three (3) or more persons assembled share the common intent to advance some lawful or unlawful purpose by the commission of an act or acts of unlawful force or violence likely to jeopardize seriously public safety, peace or order, and the assembly actually tends to inspire persons of ordinary courage with well-grounded fear of serious and immediate breaches of public safety, peace or order; then such assembly is an unlawful assembly.
Section 5-1-7. – Participating in riot.
(a) Every person convicted of participating in any riot shall be guilty of a Class 1 misdemeanor.
(b) If any such person carried, at the time of his participation in an unlawful assembly, any firearm or other deadly or dangerous weapon, he shall be guilty of a Class 5 felony and punished in accordance with § 18.2-10, Va. Code Ann.
Section 5-1-8. – Participating in unlawful assembly.
Every person who participates in any unlawful assembly shall be guilty of a Class 1 misdemeanor.
Section 5-1-9. – Remaining at place of riot or unlawful assembly after warning to disperse.
Every person, except public officers and persons assisting them, remaining present at the place of any riot or unlawful assembly after having been lawfully warned to disperse, shall be guilty of a Class 3 misdemeanor.
Section 5-1-10. – Conspiracy; incitement to riot.
Any person who conspires with others to cause or produce a riot, or directs, incites, or solicits other persons who participate in a riot to acts of force or violence, shall be guilty of a Class 5 felony and punished in accordance with § 18.2-10, Va. Code Ann.
Section 5-1-11. – Resisting or obstructing execution of legal process.
Every person acting jointly or in combination with any other person to resist or obstruct the execution of any legal process shall be guilty of a Class 1 misdemeanor.
5-1-12. – Dispersal of unlawful or riotous assemblies and immunity.
When any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his deputies, the police officials of the county, city or town, and any assigned militia, or any of them, shall go among the persons assembled or as near to them as safety will permit and command them in the name of the State immediately to disperse. If upon such command the persons unlawfully assembled do not disperse immediately, such sheriff, officer or militia may use such force as is reasonably necessary to disperse them and to arrest those who fail or refuse to disperse. To accomplish this end, the sheriff or other law enforcement officer may request and use the assistance and services of private citizens. Every endeavor shall be used, both by such sheriff or other officers and by the officer commanding any other force, which can be made consistently with the preservation of life, to induce or force those unlawfully assembled to disperse before an attack is made upon those unlawfully assembled by which their lives may be endangered. No liability, criminal or civil, shall be imposed upon any person authorized to disperse or assist in dispersing a riot or unlawful assembly for any action of such person which was taken after those rioting or unlawfully assembled had been commanded to disperse, and which action was reasonably necessary under all the circumstances to disperse such riot or unlawful assembly or to arrest those who failed or refused to disperse.
Section 5-1-13. – Commission of certain offenses in county, city or town declared by Governor to be in state of riot or insurrection.
Any person, who after the publication of a proclamation by the Governor of Virginia, or who after lawful notice to disperse and retire, resists or aids in resisting the execution of process in county, city or town declared to be in a state of riot or insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting a force ordered out by the Governor or any sheriff or other officer to quell or suppress an insurrection or riot, shall be guilty of a Class 5 felony and punished in accordance with Code of Virginia, Section 18.2-10.
Section 5-1-14. – Injury to property or persons by persons unlawfully or riotously assembled
If any person or persons, unlawfully or riotously assembled, pull down, injure, or destroy, or begin to pull down, injure or destroy any dwelling house or other building, or assist therein, or perpetrate any premediated injury on the person of another, he shall be guilty of a Class 6 felony and punished in accordance with Code of Virginia, Section 18.2-10.
Section 5-1-15. – Disturbing the peace.
If any person shall, in the presence or hearing of another, curse or abuse such other person, or use any violent abusive language to such person concerning himself or any of his relations, or otherwise use such language, under circumstances reasonably calculated to provoke a breach of the peace, he shall be guilty of a Class 3 misdemeanor. (7-11-56; 1961 Code, § 17-16; 20-01-5)
Section 5-1-16. – Minors in public poolrooms or billiard rooms; penalty.17  (a) It shall be unlawful for any person under eighteen (18) years of age to frequent, play in or loiter in any public poolroom or billiard room in the County wherein alcoholic beverages are sold.
(b) It shall be unlawful for the proprietor of any public poolroom or billiard room or his agent to permit any such minor to frequent, play in or loiter in any public poolroom or billiard room wherein alcoholic beverages are sold.
Any such minor or any such proprietor or agent convicted of violating the provisions of this Section shall be deemed guilty of a Class 3 misdemeanor.
Section 5-1-17. – Minors; public poolroom defined.
For the purpose of this Chapter, a public poolroom shall mean an place open to the general public wherein a fee is charged or received in any manner, either directly or indirectly, for the privilege of engaging in the game of pool or billiards. The term “public poolroom” as used herein shall not be construed to include an establishment in which not more than two (2) pool tables are operated on a fee basis.
Section 5-1-18. – False report of crime.
It shall be unlawful for any person knowingly to give a false report as to the commission of any crime to any law enforcement official with intent to mislead. Violation of the provisions of this Section shall be punishable in a Class 1 misdemeanor.
Section 5-1-19. – Calling or summoning ambulance or fire-fighting apparatus without cause.
Any person who, without just cause therefor, calls or summons, by telephone or otherwise, any ambulance, or fire-fighting apparatus, shall be deemed guilty of a Class 1 misdemeanor.
Section 5-1-20. – Obstructing justice by threats or force.
If any person, by threats, or force, attempts to intimidate or impede a judge, justice, juror, witness, or an officer of a court, or any law enforcement officer, in the discharge of his duty, or to obstruct or impede the administration of justice in any court, he shall be deemed guilty of a Class 1 misdemeanor.
Section 5-1-21. – Failure to assist law enforcement officers.
If any person on being required by any sheriff or other officer refuses or neglects to assist him:(1) in the execution of his office in a criminal case, (2) in the preservation of the peace, (3) in the apprehending or securing of any person for a breach of the peace, or (4) in any case of escape or rescue, he shall be guilty of a Class 2 misdemeanor.
Section 5-1-22. – Illegal use of badges, uniforms and police signals.
No person other than a member of the law enforcement agency or one authorized by the agency shall use those badges and uniforms prescribed for the use of the agency or use or cause to be used on the public roads or highways of this County, any motor vehicle bearing markings with the word “police” shown thereon. Any violation of this Section shall be a Class 1 misdemeanor.
Section 5-1-25. – Possession of open alcoholic beverage containers prohibited.
It shall be unlawful for any person to possess an open alcoholic beverage container while in a public park, playground, or on a public street. Violations of this Section shall be punished as a Class 4 misdemeanor.
Section 5-1-26. – Drinking or possession of alcoholic beverages in or on public school grounds.
If any person, in or upon the grounds of any free public elementary or secondary school, during school hours or school student activities, shall take a drink of any alcoholic beverage or have in his possession any alcoholic beverage, he shall be guilty of a misdemeanor punishable by confinement in jail for not more than six (6) months and a fine of not more than Five Hundred Dollars ($500.00), either or both.
Section 5-1-27. – Drinking alcoholic beverages or tendering to another in public place; penalty.
(a) If any person takes a drink of alcoholic beverages or tenders a drink thereof to another, whether accepted or not, at or in any public place (as defined in Code of Virginia Section 4-2), he shall be guilty of a Class 4 misdemeanor.
(b) This Section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another in the dining room or other designated room as defined in Code of Virginia Section 4-25, of a hotel, restaurant, club or boat, or in a dining car, club car, or buffet car of any train, or wine, wine coolers, or similar products that qualify as beverages as defined in Code of Virginia Section 4-99, and beer only within all seating areas, concourses, walkways, concession areas, as well as other additional locations designated by the Board, in coliseums, stadia, or similar facilities, during the performance of a professional sporting exhibition or event, provided such alcoholic beverages and beverages are served in a paper, plastic, or similar disposable container, or in any other establishment, provided such hotel, restaurant, club, boat, dining car, club car, buffet car, coliseum, stadium or similar facility or other establishment, or the person who operates the same, including a concessionaire, is licensed to sell at retail for consumption in such dining room, room, car, seating areas, concourses, walkways, concession areas, as well as other additional locations designated by the Board, in such coliseum, stadium or similar facility or establishment, such alcoholic beverages, and the alcoholic beverages drunk or offered were purchased therein.
Section 6-1-2. – Hunting or discharge of firearms in certain places prohibited; exceptions.
(a) It shall be unlawful for any person to shoot any firearm in any areas of the County that are so heavily populated as to make such conduct dangerous to the inhabitants thereof, which areas are designated in Appendix J to the Fairfax County Code. Firearms may lawfully be discharged in those areas that are exempted in Appendix J to the Fairfax County Code so long as the firearms are discharged on a Parcel of Land that is posted with signs giving reasonable notice that firearms are in use on that Parcel of Land and that no trespassing is allowed. Such signs shall be placed where they can reasonably be seen. However, if firearms are in use on only a portion of any Parcel of Land which meets the acreage and other requirements of the term “Parcel of Land,” as defined by Section 6-1-1, then only that portion of that Parcel of Land on which firearms are used shall be posted with signs.
(b) It shall be unlawful for any person to hunt with a firearm any bird or game animal on or within 100 yards from any primary or secondary highway. A violation of this Subsection shall be punishable as a Class 3 misdemeanor.
(c) It shall be unlawful for any person to shoot or hunt with a firearm on any public school ground or any public park or on any area within 100 yards of any public school ground or public park. It shall be unlawful for any person who is hunting with a loaded firearm to traverse any public school ground or public park or to be within 100 yards from any such school ground or park. A violation of this Subsection shall be punishable as a Class 4 misdemeanor. This Subsection shall not prohibit either (i) the lawful possession of a firearm when such firearm is carried for purposes of personal safety or (ii) the lawful possession of a firearm on a public highway within 100 yards of any public school ground or public park. Nothing in this Subsection shall apply to: (i) recreational shooting on gun ranges at any public school operated by or with the approval of that school; (ii) recreational shooting on gun ranges at any public park operated by or with the approval of the owner of the park; (iii) shooting of a starting pistol at an athletic event on any public school grounds or public park and which is conducted with the approval granted by the owner of that school or park property; or (iv) lands within a national or state park or forest, or wildlife management area.
(d) It shall be unlawful for any person to hunt with a shotgun loaded with slugs. A violation of this Subsection shall be punishable as a Class 3 misdemeanor.
(e) Except for those persons who are on a Parcel of Land that is exempted in Appendix J and who hunt with shotguns loaded with multiple ball shot, it shall be unlawful for any person to hunt with a firearm which has a barrel caliber larger than a nominal 0.224 inches or to hunt with a firearm and ammunition combination having a muzzle energy greater than a .22 caliber rimfire cartridge. A violation of this Subsection shall be punishable as a Class 3 misdemeanor.
(f) It shall be unlawful for any person to discharge any firearm from or across any highway, sidewalk or any public land except on a properly constructed target range.
(g) Notwithstanding the provisions of Subsections (a) through (f) of this Section, the following acts shall not be violations of this Section:
(4) Shooting or discharge of any firearm by any law enforcement officer acting in the performance of the duties of a law enforcement agency. For the purposes of this Section the term “law enforcement officer” includes any person defined as a law enforcement officer pursuant to Virginia Code § 9.1-101 and any animal control officer acting in the performance of his or her duty.
(5) Discharge of any firearm in an entirely indoor target range, provided that adequate provisions are made to retain within the structure all projectiles discharged.
(6) Discharge of any firearm for the purpose of protecting any person from death or great bodily harm.
(7) Discharge of any firearm or starting pistol loaded with a blank cartridge, or other ammunition, not resulting in the expulsion of a projectile or projectiles.
(8) Discharge of any firearm (i) pursuant to a permit issued in accordance with Virginia Code § 29.1-529, if the discharge is on land that contains at least five acres and is zoned for agricultural use; or (ii) pursuant to authorization issued in accordance with 4 VAC 15-40-240 by the Director of the Department of Game and Inland Fisheries.
(9) Shooting or discharge of a firearm by any representative of the Virginia Department of Game and Inland Fisheries in the performance of duty for scientific collection or wildlife management purposes.
Section 6-1-2.1. – Discharge of pneumatic guns in certain places prohibited; exceptions.
(a) It shall be unlawful for any person to shoot a pneumatic gun in any areas of the County that are so heavily populated as to make such conduct dangerous to the inhabitants thereof, which areas are designated in Appendix J to the Fairfax County Code. Notwithstanding the foregoing, the following acts are not prohibited by this Section:
(1) Use of pneumatic guns at facilities approved for shooting ranges;
(2) Use of pneumatic guns on other property where firearms may be discharged;
(3) Use of pneumatic guns on or within private property with the permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property;
(4) Shooting or discharge of a pneumatic gun by any law enforcement officer acting in the performance of the duties of a law enforcement agency. For the purposes of this Section the term “law enforcement officer” includes any person defined as a law enforcement officer pursuant to Virginia Code § 9.1-101 and any animal control officer acting in the performance of his or her duty; and
(5) Shooting or discharge of a pneumatic gun by any representative of the Virginia Department of Game and Inland Fisheries in the performance of duty for scientific collection or wildlife management purposes.
(b) Whenever any minor below the age of 16 uses any pneumatic gun, the minor must be supervised by a parent, guardian, or other adult supervisor approved by the minor’s parent or guardian. Any minor using any pneumatic gun shall be responsible for obeying all laws, regulations and restrictions governing such use at all times. Violation of this Section shall constitute a Class 3 misdemeanor.
Section 5-2-8. – Penalties for violation.
(a) Every person, firm, association or corporation convicted of an offense under Sections 5-2-3, 5-2-4, or 5-2-5 hereof shall be guilty of a misdemeanor and shall be punished by a fine of One Thousand Dollars ($1,000.00) or by imprisonment in the county jail not to exceed twelve (12) months, or by both such fine and imprisonment.
(b) Any person convicted of an offense under Section 5-2-6 hereof shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00).
Section 28.1-4-6. – Massaging, touching, exposing erogenous areas.
(a) It is unlawful for any person, in a massage establishment or during the course of an out-call massage transaction, to touch, with any part of his or her body or with any object, another person’s clothed or unclothed erogenous area.
(b) It is unlawful for any person, in a massage establishment or during the course of an out-call massage transaction, to fail to conceal his or her erogenous areas with a fully opaque covering while in the presence of others.
(c) It is unlawful for any person owning, operating or managing a massage establishment or out-call massage business to knowingly cause or allow, in or about such massage establishment or as part of an out-call massage business, any agent, employee or any other person under his control or supervision to perform any act prohibited by this section.
Any person violating any provision of this Chapter shall be guilty of a Class 1 misdemeanor.
Section 121-1-1. – Willful and malicious damage or defacement to public or private buildings, facilities, and personal property; penalties.
A. Pursuant to Virginia Code § 15.2-1812.2, it is unlawful for any person to willfully and maliciously damage or deface any public buildings, facilities, and personal property or any private buildings, facilities, and personal property. The penalty for violating this Section is a Class 1 misdemeanor. The punishment for any such violation in which the damage or defacement is (i) more than 20 feet off the ground, (ii) on a railroad or highway overpass, or (iii) committed for the benefit of, at the direction of, or in association with any criminal street gang, as that term is defined by Virginia Code § 18.2-46.1, shall include a mandatory minimum fine of $500.
B. Upon a finding of guilt in any case tried before the court without a jury, in the event the violation constitutes a first offense that results in property damage or loss, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant fails or refuses to complete the community service as ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant 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 the ordinance in subsequent proceedings.
C. Any such community service work, to the extent feasible, shall include the repair, restoration, or replacement of any damage or defacement to property within Fairfax County, and may include cleanup, beautification, landscaping, or other appropriate community service within the County. The County Executive shall make provision for a designee of the County to supervise the performance of any community service work required by the court, and such person shall report thereon to the court imposing such requirement. At or before the time of sentencing under this ordinance, the court shall receive and consider any plan for making restitution or performing community service submitted by the defendant. The court shall also receive and consider the recommendations of the County’s designated supervisor of community service concerning the plan.
D. Notwithstanding any other provision of law, no person convicted of a violation of this chapter of the County Code shall be placed on probation or have his or her sentence suspended unless such person makes at least partial restitution for such property damage or is compelled to perform community services, or both, as is more particularly set forth in Virginia Code § 19.2-305.1.