A criminal conviction in Charlottesville, Virginia, can impact your current and future life. You risk facing substantial fines or time in prison. However, you can challenge the accusations against you by working with a skilled criminal defense attorney.

At the Virginia Criminal Attorney, our defense attorneys have experience representing and defending our clients in court proceedings. Our extensive experience in Charlottesville courtrooms effectively equips us with the skills to advocate for your rights.

If you have been accused of a Virginia criminal offense, we are here to help you pursue a favorable outcome for your case. Contact our law firm today to increase the chances of having your sentence reduced or your case dismissed.

Classifications of Criminal Offenses in Virginia

In the Commonwealth of Virginia, criminal offenses are classified as either felonies or misdemeanors based on their potential sentences. A felony is any criminal offense punishable by confinement in a state prison. All other offenses fall into one of four misdemeanor classes. Understanding the differences between felonies and misdemeanors is crucial in assessing how a conviction in Charlottesville can impact your life.

Virginia Misdemeanor Offenses

Misdemeanors are often viewed as minor offenses. These could make defendants feel unconcerned when facing such charges. However, being charged with misdemeanor convictions can result in jail time and hefty fines and may also impact your professional and personal life.

Classifications of Misdemeanor Under Virginia Criminal Law

Under Virginia law, class 1 misdemeanors carry the most severe penalties, while class 4 charges are the least serious. Below is a more detailed overview of these classifications:

  1. Class 1 Misdemeanors

This class includes the most severe misdemeanor offenses. These charges include offenses such as:

  • Driving under the influence (DUI)
  • Reckless driving
  • Theft of property valued at less than $200
  • Domestic assault
  • Assault and battery
  • Indecent exposure
  • Trespassing
  • Possession of Schedule III drugs (including anabolic steroids, codeine, and ketamine).

In Virginia, a Class 1 misdemeanor carries a maximum sentence of 12 months in jail, a fine of $2,500, and additional penalties such as the revocation of driving privileges.

  1. Class 2 Misdemeanors

Class 2 misdemeanors encompass offenses such as:

  • Aggressive driving
  • Operating a vehicle without a license
  • Possessing drug paraphernalia
  • Unlawful possession of Schedule IV substances, which include sedatives like Valium and Xanax

The maximum penalty for a conviction is six months incarceration and a $1,000 fine.

  1. Class 3 Misdemeanors

Class 3 misdemeanors encompass the possession of Schedule V prohibited substances, including cough medicine containing codeine, and deliberately damaging property to steal. Conviction for an offense within this classification does not include incarceration but can lead to a fine of up to $500.

  1. Class 4 Misdemeanors

Class 4 misdemeanors are the lowest category of misdemeanors. They may include offenses such as public intoxication and possession of commonly abused substances, including inhalants. If found guilty, you may incur a maximum fine of $250.

Even if you are only accused of a Class 4 misdemeanor in Charlottesville and receive a $250 fine as a penalty, you will have a mark on your criminal record. This can result in lasting consequences.

Legal Procedure for Misdemeanor Offenses

A General District Court (GDC) judge adjudicates misdemeanor charges in Virginia. The prosecutor’s office will present incriminating evidence to prove that you committed the alleged offense and may summon witnesses to testify. You can present evidence to support your case or prove your innocence.

A misdemeanor trial resembles a televised trial but does not have a jury and lengthy opening statements. Once both sides have presented their arguments, the judge promptly delivers a verdict. The proceedings are typically quick and can easily overwhelm the accused.

When accused of a misdemeanor, the prosecutor may contact you before the trial, offering the option of pleading guilty in exchange for a lesser charge or a more favorable sentence. While this approach is cost- and time-efficient for the court, it might not be in your best interest. So, It is advisable to seek legal counsel before accepting any deal.

Virginia Felony Offenses

Felonies are more severe offenses than misdemeanors, and convictions for felony offenses can attract a lengthier prison sentence than misdemeanors. Even after completing a prison sentence for a felony offense, inevitable repercussions can affect an individual for a long time.

Below are the different felony classes in Virginia:

  1. Class 1 Felony

This classification represents the most severe felonies in Virginia, attracting the harshest penalties. Class 1 felonies include offenses such as:

  • Sexual assault involving a minor under 15
  • Premeditated murder

The penalty for a Class 1 felony is life imprisonment. The death penalty used to be an option for Class 1 felons in Virginia, but that changed due to specific criminal justice reforms.

  1. Class 2 Felony

A Class 2 felony is a serious offense with slightly lower penalties than Class 1 felonies. It encompasses crimes such as:

  • Voluntary manslaughter
  • Kidnapping to collect ransom or for other immoral purposes
  • Armed burglary

The penalty for a Class 2 felony ranges from a minimum of 20 years to life imprisonment.

  1. Class 3 Felony

A Class 3 felony encompasses crimes such as;

  • Aggravated malicious injury
  • Attempted poisoning
  • Arson

It carries a sentence of incarceration ranging from five to 20 years. Fines for this crime can amount to $100,000

  1. Class 4 Felony

This category encompasses crimes such as:

  • Malicious shooting of a vehicle
  • Discharging a gun near a learning institution
  • Arson of an uninhabited building

A Class 4 felony carries a sentence of two to ten years in prison, and fines could be up to $100,000.

  1. Class 5 Felony

A Class 5 felony includes offenses such as involuntary manslaughter, arson, perjury, abduction, and forgery. It carries a ten-year prison sentence and a fine of up to $2,500 or both.

  1. Class 6 Felony

A Class 6 felony is the least severe type of felony in Virginia. It encompasses offenses such as a third DUI or subsequent offense, strangulation, animal cruelty, and child abuse. A Class 6 felony carries a penalty of one to five years in prison, a maximum jail term of 12 months, and fines of up to $2,500, or both.

Additional Consequences of a Felony Conviction

A felony conviction can lead to severe consequences beyond just jail time and fines. For example, individuals convicted of felony sex crimes are often required to register as sex offenders.

In Virginia, those found guilty of certain sex offenses must register with their local law enforcement or sheriff’s office. This registration is not required only once. You must register regularly and may have to deal with periodic visits from authorities. You could also be asked to avoid specific places, such as school grounds.

Factors That Can Impact the Result of Your Criminal Case

Understanding the factors that can affect the outcome of your legal proceeding can provide insight into what to expect. The following are several common factors that can influence the result in your case:

The Investigation

The investigation carried out by Charlottesville police can significantly influence the outcome of your case. They might have committed errors, such as failing to secure the crime scene or interview crucial witnesses properly. Such mistakes might result in the dismissal of your charges or reduction to a less severe offense.

Evidence

How police officers gather and manage evidence can influence its admissibility in court. They must adhere to appropriate protocols when collecting and preserving evidence to ensure accuracy and reliability. If they make errors, you might have the opportunity to submit a motion to exclude the evidence. If the Commonwealth cannot use essential evidence against you, they may be unable to establish their case.

Probable Cause

To stop and arrest you, police must have had probable cause, meaning a reasonable and genuine belief that you were involved in criminal activity. If you believe you were arrested without probable cause, you may have a chance to dismiss the charges or negotiate a favorable plea agreement.

Your Criminal Record

If you have a previous criminal record and plead guilty or are convicted at trial, you will likely face a harsher sentence than if this were your first offense.

Your Background

Your community background may also play a role in determining your sentence. If you have strong connections with community members and individuals willing to testify to your exemplary character, this could potentially influence the judge’s decision during your sentencing.

Your Attorney’s Counsel

Working closely with your attorney is important to obtaining the best possible outcome for your case. Following their advice can improve your chances of a better outcome. For example, they could ask you to:

  • Take a driver improvement course
  • Attend an alcohol or drug rehab program,
  • Stay off social media

Consequences of Being Convicted in Charlottesville

Understanding the ramifications of a felony or misdemeanor conviction in Charlottesville is crucial, as it enables you to anticipate and navigate obstacles that may persist for years after the conviction. The adverse consequences of criminal convictions include:

Permanent Criminal Record

You will receive a permanent criminal record if found guilty of a crime in Virginia. This publicly accessible document can be uncovered by employers, property owners, and others during background checks. Its discovery may lead to adverse consequences in various aspects of your life.

Employment

When applying for a position, you may need to disclose criminal convictions if specifically asked. Employers might choose not to interview you, especially for professional and high-paying jobs. You could also lose your career. For example, if you are a truck driver, a DUI conviction could lead to the loss of your commercial license and prevent you from continuing to drive.

Loans

A criminal conviction can make it harder to be approved for an auto, business, personal, or mortgage loan.

Many lenders see a criminal record as a sign that you might struggle to find or keep a job, making you a higher credit risk. Because of this, they might turn down your loan application or only approve it with a much higher interest rate.

Student Loans

A criminal conviction does not necessarily disqualify you from securing a student loan but can impede your application’s approval process. Moreover, you may be disqualified from obtaining a loan if you are found guilty of certain offenses.

Housing

Charlottesville landlords typically perform background checks before approving a potential tenant’s application. As a result, your housing choices may be significantly restricted, especially in a competitive rental market.

Registry for Sexual Offenses

If found guilty of a sexual offense, such as sexual battery, rape, or specific acts of violence, you will likely be required to register in Virginia’s Sexual Offense Registry as a sex offender. This could impede your ability to secure employment or housing, as the Registry is a publicly accessible database that anyone can search.

Immigration Status

A criminal conviction may negatively impact an individual’s immigration status. It could result in denial of the privilege to remain in the country, acquire citizenship, or even lead to deportation.

Travel

If you are found guilty of a crime, it may pose challenges for you when traveling to foreign countries. Even if you are convicted of a misdemeanor offense, certain countries may have restrictions that prevent you from entering their country.

Security Clearance

An accusation or verdict of criminal activity can affect your eligibility to obtain or maintain a security clearance. Without the required clearance, you may be unable to work in your chosen profession.

Personal Relationships and Social Stigma

A criminal record can also affect your personal relationships and social life. Friends, family, and even romantic partners might see you differently once they learn about your past. The stigma associated with a criminal record can make it hard to build new relationships, as people might focus on your history rather than who you are now or the potential you have.

You can also face discrimination or prejudice in various social settings, for example in:

  • Neighborhood associations
  • Social groups
  • Community organizations

These experiences can cause shame, frustration, and alienation, making it hard to reintegrate into society and build a strong network of friends and acquaintances.

Custody

When determining custody, a Virginia judge must prioritize the child’s best interests. If an individual has a criminal record, especially for domestic violence or related violent offenses, the court may deem them unfit to have custody of the children.

What You Can Do To Help Your Charlottesville Criminal Defense Attorney Mount a Strong Defense

Any conviction, whether for a misdemeanor or felony, carries severe penalties. Engaging a seasoned criminal defense attorney can help you build a strong defense. However, they need your assistance to achieve the best possible outcome. Here are ways to help your lawyer strengthen your defense:

Be Honest

Be honest when communicating with your attorney. To devise an effective defense strategy, they need a thorough knowledge of your case’s details. Concealing truths will make their job harder, as they will eventually uncover them from the prosecution or during your trial.

Provide Evidence

An effective way to help your lawyer is to gather evidence supporting your defense. Provide them with any requested documents or those you deem relevant, along with information about your alibi and other eyewitnesses. Your attorney can interview witnesses to assess their suitability for testifying and issue a subpoena to compel their cooperation if they are unwilling.

Ask Questions

Ensure you fully understand your criminal case's expected steps and become familiar with your attorney’s defense strategy. If you are confused or your attorney is not providing enough information, do not hesitate to ask questions. Also, consider your goals for your case once you understand the available options.

Do Not Discuss Anything With Law Enforcement Officers

Refrain from conversing with the police without your attorney present. The police could be searching for incriminating evidence to use in your prosecution. Remember that your statement can be used as evidence against you in court.

Avoid Using Social Media

While resolving your criminal case, refrain from using social media platforms like Twitter, Instagram, and Facebook. During this time, prosecutors and police officers can search your social media accounts for statements that could be used as evidence against you. It’s crucial to avoid sharing information about your charges or arrests on these platforms.

Attend Each Court Hearing

You must attend all mandatory court hearings and arrive on time. Failing to appear may result in the revocation of your bail and create an unfavorable impression on the judge overseeing your case. This could potentially affect your sentencing if convicted.

Follow Your Attorney’s Advice

To effectively assist your attorney in defending you, follow their guidance closely. Their main goal is to protect your interests and know the best methods to achieve a favorable outcome. Ignoring their advice, violating discharge conditions, or committing other crimes complicates their duty.

Find a Charlottesville Criminal Defense Attorney Near Me

If you reside outside Virginia or are from a different region within the state and face criminal charges in Charlottesville, you can seek assistance from the Virginia Criminal Attorney. Consulting an attorney knowledgeable about the specific jurisdiction, including local judges and prosecutors, could be invaluable in navigating the criminal process and achieving a favorable outcome. We can mount a strong defense strategy that may lead to dropped charges or decreased penalties. Contact us today at 703-718-5533 to schedule your free initial consultation.