Facing criminal charges can be a terrifying experience, especially if it is your first time facing an arrest. A criminal conviction can affect many areas of your life. Securing employment or obtaining tenancy can be challenging when you have a criminal record. The first step after an arrest should be to contact an experienced criminal defense attorney. If you need a reliable Arlington criminal attorney, the Virginia Criminal Attorney can help. We have experienced attorneys who will go out of their way to assist you. It does not matter how complicated your criminal charges are. We have what it takes to secure the best possible outcome for your case.

The Common Criminal Offenses In Virginia

There are many criminal offenses under Virginia law. The penalties you face upon conviction will depend on the severity of the offense you commit. The common crimes include:

Capital Murder – Virginia Code 18.2-31

Killing another person is a homicide offense, regardless of your intent or any other details related to the offense. Murder charges arise when you kill another person knowingly, on purpose, and with malicious aforethought. Capital murder is the gravest among the different types of homicides because it is planned and deliberately executed to cause death. You could be guilty of capital murder under Virginia Code 18.2-31 if you premeditate and willfully and intentionally kill:

  • During a robbery or an attempted robbery
  • As a contractor hired to kill
  • More than one person in one criminal act
  • A minor below 14 years old when you are 21 years or older
  • During an abduction, when the abduction is executed to extort money or defile the abductee,
  • While committing or attempting to commit an act of terrorism

The Elements The Prosecutor Must Prove

You can only face capital murder charges if the prosecutor proves that your act of homicide was premeditated, intentional, and deliberate. A post-trial proceeding can be conducted if you are guilty of capital murder. This will be scheduled to determine if you should face death or life imprisonment. The prosecutor must prove the following beyond doubt for you to be sentenced to death:

  • You are likely to commit another offense that would cause substantial risk to society based on your previous history and actions in the murder
  • Your actions in the offense of murder were outrageously or wantonly inhuman, horrible, or vile in that they involved aggravated assault, torture on the victim, or mental depravity

Capital murder attracts severe penalties because it is a serious crime. A death sentence is a possible penalty. You could spend the remaining part of your life in prison if you are convicted of this crime. Under Virginia Code 18.2-31, capital murder is a class 1 felony. The penalties you can face include:

  • A fine that does not exceed $100,000
  • Death sentence

A more favorable penalty would be life imprisonment without the possibility of parole. However, you could face the following penalties if you are under 18 years old or have mental disabilities:

  • A fine of up to $100,000
  • Life imprisonment

You could present the following defenses against capital murder charges with the help of an Arlington criminal attorney:

  • Self-defense
  • Mental illness
  • Your action was not intentional
  • Mistaken identity
  • You are not responsible for the victim's death

Rape- Virginia Code 18.2.61

According to Virginia Code 18.2.61, rape is an act of having sexual intercourse with another person, whether you are married to them or not, while the following conditions hold:

  • You used force, intimidation, or threats against the victim
  • The victim was mentally incapacitated or physically helpless
  • The victim was a minor below 13 years

Categories of rape include date rape, rape of children, and gang rape. Examples of date rape are drug-facilitated rape and acquaintance rape. The rape of children is a form of child sexual abuse. Gang rape happens when more than three people rape one person.

If the prosecutor accuses you of rape, the prosecutor must prove the following elements:

  • You had sex with someone else or caused someone else to have sexual intercourse
  • You acted against the victim's will
  • The victim was below 13 years
  • You used force, violence, or threats against the victim

You could face a sentence of five years to life imprisonment if you are guilty of rape. If you committed rape against a minor below 13 years, you could face a higher minimum prison sentence. You could face a minimum sentence of 25 years in prison if you are more than three years older than the victim.

If the victim is your spouse and is tried without a jury, your criminal proceedings could be deferred further, and you will be on probation until you finish your therapy and counseling. The court can discharge you if you complete the counseling under Virginia Code 19.2-218.1. The court can also dismiss the proceedings after considering your spouse's views.

You could be ordered to register as a sex offender if you are convicted of rape. However, you can fight your rape charges using the following defenses:

  • Mistaken identity
  • No use of force, threats, or intimidation
  • No sexual activity took place
  • The victim consented
  • You were mentally unfit during the act

Robbery – Virginia Code 18.2-58

Robbery is taking property or an item that does not belong to you under Virginia Code 18.2-58. You can accomplish this by using intimidation and force to permanently deprive the owner of their property.

If the prosecutor accuses you of robbery, the prosecutor must prove the following elements:

  • You took property
  • The property belonged to someone else
  • You took the property from the victim's possession using force
  • You took the property against the victim's will

The crime of robbery is classified as first-degree robbery and second-degree robbery. You can face first-degree robbery charges if you used extreme force against the victim or threatened the victim with a deadly weapon like a gun. You could face second-degree robbery charges if you subjected the victim to fear of suffering bodily injury.

You can face a minimum sentence of five years if you are guilty of committing robbery. The judge will, however, consider several factors in your case before issuing the final ruling. One of the factors the judge could consider is whether you used a gun or whether the victim died. A robbery conviction can subject you to lengthy imprisonment. You should contact an Arlington criminal attorney when accused of robbery.

You could face life imprisonment if you are guilty of street robbery, bank robbery, or armed robbery. This penalty can apply if you used a gun or the victim sustained injuries.

The defenses you could use to fight robbery charges include:

  • You have ownership rights over the property
  • The victim consented
  • No force or violence was used
  • You are innocent
  • Duress

Arson – Virginia Code 18.2-80

You could face malicious burning charges under Virginia Code 18.2-80 for criminal arson. If the prosecutor accuses you of arson, the prosecutor must prove the following elements:

  • You started a fire
  • You started the fire intentionally
  • You acted with malicious intent

You could face a jail term of five years or life imprisonment if you burned an occupied dwelling or church. On the other hand, you could face a jail term of between two years and ten years in prison if you burned an unoccupied dwelling or church. You could face a jail term of two years and ten years in prison if you burned another unoccupied building valued above $200.

The defenses for arson charges could include:

  • Insufficient evidence
  • Mistaken identity
  • Lack of intent

Kidnapping – Virginia Code 18.2-47

It is a crime under Virginia Code 18.2-47 to use force or intimidation to detain someone with the intention to deprive them of personal liberty. You will face penalties depending on the specific crime you commit. Generally, kidnapping is a class 5 felony that attracts a jail term of up to ten years and a fine of $2,500.

Different statutes and punishments apply to parents who abduct their children in this case, you could face class 1 misdemeanor charges if you remain in Virginia with the child. Misdemeanor charges could attract a fine of $2,500 and a jail term of one year. If you leave Virginia with the child, you could face a fine of $2,500 and a jail term of five years.

Defenses for kidnapping charges can include:

  • Duress
  • Consent
  • Mistaken identity

Reasons Why You Should Hire An Arlington Criminal Attorney

A criminal defense attorney is crucial to protecting your fundamental rights and ensuring a fair trial when you face criminal charges. Your attorney will help you interpret complicated legal nuances and help you create a convincing defense. The following are the reasons why you should seek the services of a criminal defense attorney:

Taking Your Case To Trial

An attorney becomes more critical when your case goes to trial. Attorneys know how to create opening statements, cross-examine the witnesses, and make convincing arguments. An attorney also understands the rules of evidence and the evidence admissible in court. Your attorney will use this knowledge to win the charges against you.

Negotiating With The Prosecutor

The ability of an attorney to negotiate with the prosecutor is essential because this is how most cases are won. An attorney is a skilled negotiator who can highlight legal and factual weaknesses in the prosecutor's case and secure a favorable plea deal for your case. Your attorney will do this by calling into question the strength of the prosecutor's case.

An Arlington criminal attorney can also present mitigating facts that could earn you a fair trial and negotiate a plea deal. A plea deal can result in lesser penalties, reduced charges, or alternative sentencing. When negotiating with a seasoned prosecutor, you could be disadvantaged if you do not have adequate legal representation.

Protecting Your Rights

An attorney will ensure that the police and the prosecutor follow procedures that do not violate your rights during the investigation, conviction, and discovery phases. If the prosecutor violates your rights, your attorney can take the case to court through written motions and oral arguments. He/she will work to ensure unrelated evidence is excluded through a motion to suppress. Your attorney could also convene an examining trial before the indictment to contest an arrest that is not based on probable cause.

Litigating Pretrial Motions

Pretrial motions can break or make your case because they can have crucial evidence excluded and weaken the prosecutor's charges against you. Pretrial motions can include limine motions, prohibiting the prosecutor from utilizing specific evidence during trial. They also include motions to suppress, which call for excluding unlawfully obtained evidence.

Proper pretrial motions could also remove evidence that is too prejudicial and irrelevant compared to its probative value. If crucial prosecutorial evidence is excluded, these motions can end your case.

Offering Support

Facing criminal charges could be emotionally overwhelming and highly stressful. A reasonable Arlington criminal attorney will offer you guidance and emotional support throughout the legal process and prepare you for what to expect.

Creating a Defense Strategy

Attorneys are reasonable at developing robust defense strategies crucial to securing a favorable outcome. This begins during the investigation, during which your attorney analyzes the evidence, cross-examines witnesses, and evaluates the prosecutor's case to identify inconsistencies or weaknesses. A minor inconsistency can affect the credibility of the prosecutor's case against you.

Your attorney can use the information he/she gathers to develop a compelling defense tailored to your situation. A competent attorney knows the defense with the highest likelihood of success in your specific circumstance.

Advocacy During Discovery

A reasonable attorney will also ensure that you are offered a complete discovery. Discovery is a process by which each party is given a chance to present its evidence. The prosecutor should turn over all exculpatory evidence.

Factors To Consider When Choosing Arlington Criminal Attorney

Choosing a criminal defense attorney is crucial if you are facing criminal charges. Research and ask around before hiring a criminal attorney to handle your case. Some of the factors you could consider include:

Fee Structure

When hiring an Arlington criminal attorney, it is crucial to ask about the applicable fees. Some attorneys can charge you a retainer fee that allows you to deposit cash into a specific account. The attorney would withdraw from that particular account as he/she works on your case. You must replenish the account when it runs out. The retainer account is restricted to an agreed-upon amount before your case starts. This could be the best way to meet your defense expenses, but you must ensure you have sufficient money to cover the costs of hiring an attorney.

A criminal defense attorney could charge a flat or varying fee, depending on the nature of your case. Your criminal defense attorney's fee structure is vital because it influences your overall financial exposure. Most people prefer a flat fee structure, but an attorney could ask you to make a deposit and then obtain the remaining money after some time.

The expenses of securing the services of a criminal attorney vary. For example, you could pay $40,000 to hire a defense attorney if you are charged with a serious offense. If you are facing the death penalty, this amount could go higher. It is, therefore, essential to know the amount you will be required to pay to make an informed decision.

Communication Skills

A fundamental attribute of An Arlington criminal attorney is communication skills. The attorney you choose should be skilled in writing and speaking. An attorney must also be proficient in understanding and listening to their clients. This will enable the attorney to develop a good working relationship with clients.

A skilled criminal defense attorney has the experience to present a solid defense strategy against your charges. This is important because an experienced attorney has more knowledge and competence. Communication skills are essential because an attorney must know how to present details of your case correctly, including:

  • The charges
  • Possible sentencing
  • The possible plea deals and
  • Any complications that could arise

Trial Experience

Trial experience is one of the essential qualities of a criminal defense attorney. Trials are always the last resort in most criminal cases, so you require an attorney with trial experience. The attorney you choose should also be responsive and accessible. A reliable attorney should be able to meet with you quickly, and you should feel comfortable discussing your case with them.

Additionally, trial experience is vital because criminal cases can change fast and require split-second decisions. On the other hand, trial experience does not guarantee victory at trial, but a criminal defense attorney with trial experience understands the system and the judge. A criminal defense attorney with trial experience knows what to expect and will develop a strong defense against your charges.

Do not shy away from asking an attorney about their experience. Has the attorney handled cases similar to yours in the past?

If an attorney hesitates to disclose this information, this can serve as a red flag, indicating that you need to hire an alternative attorney.

The Attorney's Reputation

There are many ways to gauge the reputation of a criminal defense attorney. Checking online reviews is one of the ways to do this. Many legal websites have client reviews on their front page. These are always the best reviews of an attorney. You can also check review sites for local legal services. These will give you accurate and detailed information about an attorney.

Find a Reliable Arlington Criminal Attorney Near Me

Are you facing charges for a criminal offense?

Hiring a skilled Arlington criminal attorney can make a huge difference in your case. Do not try to go it alone because this can have a detrimental impact on your case. We have experienced attorneys who can handle all types of criminal offenses at the Virginia Criminal Attorney. We will go out of our way to obtain the best outcome for your case. Contact us at 703-718-5533 to speak to one of our attorneys.