Virginia Criminal Law
Explained by Virginia Criminal Defense Attorney
Carrying a Firearm into an Airport in Virginia – Criminal Law 18.2-287.01 Explained by Virginia Criminal Defense Attorney
Carrying Firearm into Airport Terminal Virginia Law prohibits carrying a firearm or dangerous weapon into an airport terminal under Va. Code 18.2-287.01. This is a strict liability offense, which means that your intent is not relevant to conviction — even if you made a mistake, forgot, or had no intention [...]
Click to ReadVirginia 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 [...]
Click to ReadEmbezzlement 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 [...]
Click to ReadBrandishing 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 [...]
Click to ReadDriving 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadPolice 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadFailure 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadConcealed 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 [...]
Click to ReadAlexandria 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. [...]
Click to ReadProhibition 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 [...]
Click to ReadProhibition 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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, [...]
Click to ReadVirginia 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 [...]
Click to ReadWhite 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 [...]
Click to ReadPossession 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 [...]
Click to ReadObtaining 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. [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia’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 [...]
Click to ReadClass 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadSexting 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadAttorney 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 [...]
Click to ReadBond 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadAttorney 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. [...]
Click to ReadVirginia 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 [...]
Click to ReadCollege 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadDangerous 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadDriving 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). [...]
Click to ReadVirginia 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. [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia Refusal Law and Penalties for DWI / DUI Breath Test and Blood Test Explained
Virginia Refusal of Breath Test or Blood Test Following DWI / DUI Arrest Under Virginia’s Implied Consent Law, after a driver is arrested for drunk driving, the driver is required to submit to a blood or breath test. Va Law 18.2-268.2 The implied consent arises by virtue of the act of driving [...]
Click to ReadVehicular 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadMiranda 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 [...]
Click to ReadVirginia 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, [...]
Click to ReadVirginia 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 [...]
Click to ReadCriminal 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadCarrying 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadDrunk 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 [...]
Click to ReadExplanation 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. [...]
Click to ReadVirginia 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 [...]
Click to ReadSynthetic 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadDissemination 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. [...]
Click to ReadVirginia 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, [...]
Click to ReadVirginia 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 [...]
Click to ReadVirginia 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 [...]
Click to ReadFairfax 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 [...]
Click to ReadVienna 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, [...]
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