Facing an arrest in Virginia is a nerve-wracking experience. The prosecutors file charges depending on the statute you violated. Common categories of offenses with which you can be charged include driving crimes, theft crimes, fraud crimes, and violent crimes. In your case, the prosecution fights to prove your liability for the offense beyond a reasonable doubt. The penalties for a criminal conviction in Virginia include imprisonment, fines, and probation.

Even After serving your jail or prison sentence, the conviction remains on your record. Criminal records in Virginia are public records. Therefore, individuals who perform a background check on you can find it and use it against you.

If you or a loved one face criminal charges in Virginia, you will benefit from our top-notch legal guidance at Virginia Criminal Attorney. Our skilled Fair Oaks attorneys will assess your case and help you build a solid defense against your charges.

Domestic Violence Crimes (Virginia Code 18.2-57.2)

Under Virginia law, domestic violence is a serious offense that involves threats, force, or violence inflicted on a member of your household. Under this statute, the following individuals qualify as household members:

  • Your spouse. Whether or not the spouse lives with you will not affect the criminal charges.
  • Your former spouse, even when you do not live together.
  • The other parent of your child or children.
  • Your domestic partner.
  • Members of the extended family with whom you live in the same home.
  • Any person with whom you have cohabited within the last twelve months.

Domestic violence can occur in different forms, including:

  • Emotional Abuse. It occurs when you ship into another person's feelings, image, or self-worth. Emotional abuse often goes undetected and can have severe effects on the victim.
  • Sexual abuse. It occurs when you engage in unwanted or offensive touching against a household member. Sexual abuse ranges from offensive touching to serious acts like rape and sodomy. Virginia law imposes harsh punishments on individuals who engage in sexual abuse at the domestic level.
  • Physical abuse. The most commonly recognized form of domestic violence is physical abuse. The abuse occurs when you cause physical harm to a victim. Physical abuse involves acts like hitting, burning, choking, and kicking. Severe physical abuse causes significant bodily injury or even death of the victim.
  • Economic abuse. Some household members are dependent on you for financial assistance and management. You commit economic abuse when you use money or resources entrusted to you by a family member for personal gain.

Domestic violence is classified into different offenses. They include:

Assault and Battery on a Household Member

Under Virginia Code, 18.2-57.2, assault and battery of a household member occurs when you:

  • Engage in an overact.
  • You act with an intent to inflict bodily harm on another person.
  • You have the present ability to cause harm to the alleged victim.

For a first offense, assault and battery on a household member is a class one misdemeanor punishable by up to twelve months in jail. Additionally, the court may impose a fine not exceeding $2500. The court can impose more severe criminal penalties if you have prior domestic violence convictions on your record.

Child Abuse or Neglect

Under Virginia Code 18.2-371.1, it is unlawful to cause harm to a child or expose them to dangerous circumstances. You could face an arrest and charges under this statute if you are a parent or guardian of the alleged victim. Child abuse can take many forms, including physical, emotional, or sexual abuse.

Child abuse or neglect is a class 4 felony. A conviction for this offense will attract a prison sentence ranging from two to ten years and up to $100,000 in fines. If the prosecution can prove that you acted with disregard for the child's safety, you can face a class 6 felony.

Violation of a Protective Order (Virginia Code § 16.1-253.2)

A protective order is a court order that prohibits an individual from contacting or coming near the victim. When you face charges of domestic violence, the court may issue a protective order against you. The order mandates that you avoid all forms of contact with the alleged victim of your crime.

You could face an arrest and charges under Virginia Code § 16.1-253.2 if you violate this order. Violating a protective order is a Class 1 misdemeanor punishable by a jail sentence of up to twelve months. If your violation involves acts of violence or threats, the prosecution can file a felony charge.

Stalking (Virginia Code § 18.2-60.3)

Virginia law defines stalking as engaging in a course of conduct that causes a person to fear for their safety or the safety of their family. Repeated unwanted surveillance, communication, or following someone are common forms of stalking. You could face domestic violence charges for engaging in these acts against a household member.

In Virginia, stalking is a Class 1 misdemeanor. A conviction for the offense will see you spend up to twelve months in jail. You could face felony charges for this offense if you have a prior conviction for stalking or another domestic violence crime. The law also allows the victim to seek a protective order against the perpetrator.

Driving Offenses

Under Virginia law, driving crimes are offenses you commit while operating a motor vehicle. They include:

Reckless Driving (Code of Virginia 46.2-852)

Reckless driving is a common traffic offense in Virginia. It occurs when you operate a vehicle that disregards people's or property's safety. Reckless driving is considered more severe than a simple speeding ticket since the driver's careless behavior can endanger public safety.

A violation of Virginia Code 46.2-852 is a Class 1 misdemeanor. A conviction for the offense is punishable by:

  • Up to 12 months in jail.
  • Fines of up to $2,500.
  • 6 demerit points on the driver’s record.
  • Suspension of your driver’s license.

Driving Under the Influence (DUI) (Code of Virginia § 18.2-266)

Driving under the influence of alcohol or drugs is a criminal offense under Virginia Code 18.2-266. A driver is impaired if their blood alcohol concentration is 0.08% or higher for drivers over the age of 21. For commercial drivers, the legal BAC limit is 0.04. Virginia has zero tolerance for underage drinking and driving. Therefore, drivers under twenty-one could face DUI charges for driving with a measurable BAC.

A conviction for driving under the influence is punishable by:

  • Fine up to $250 and 1-year license suspension for a first offense.
  • Up to a 1-year jail sentence, license suspension for 3 years, and a fine of up to $1,000 for a second offense.
  • 1 to 5 years in prison, permanent license revocation, and significant penalties for a third or subsequent offense.

If you face a DUI conviction in Fair Oaks, VA, your vehicle insurer can increase your rates.

Driving With a Suspended License (Code of Virginia § 46.2-301)

Operating a vehicle with a suspended or revoked driver's license in Virginia is unlawful. You could face a driver's license suspension for driving under the influence of drugs or other serious driving crimes. Driving while suspended can attract misdemeanor or felony charges, depending on the nature of the suspension.

A first offense for driving with a suspended license is a Class 1 misdemeanor. A conviction for the offense is punishable by up to 12 months in jail and fines of up to $2,500.

For a third or subsequent offense within ten years, you will face felony charges. A felony conviction for driving with a suspended license attracts a prison sentence of one to five years. Additionally, you could face a license revocation.

Hit and Run (Code of Virginia § 46.2-894)

Virginia law mandates that drivers involved in accidents must:

  • Stop at the scene.
  • Assist injured individuals.
  • Exchange information with others involved.
  • Report the incident if there are injuries or property damage.

Hit and run involves leaving the scene of an accident without performing your legal duties. You could face felony or misdemeanor charges for hit and run. If the accident results in injury or death, you will face a Class 5 felony charge. A conviction for the offense is punishable by a prison sentence of up to ten years and fines not exceeding $2,500.

Hit and run that causes property damage is charged as a Class 1 misdemeanor and is punishable by up to 12 months in jail. Drivers convicted of hit and run may face criminal penalties and civil liabilities for the accident.

Drug Crimes

Virginia has some of the most stringent drug laws. You could face charges for a drug crime. In Fair Oaks, VA, if you possess, distribute, sell, or transport controlled substances. Under Virginia law, controlled substances are drugs that the government regulates. Common drug crimes include:

Possession of a Controlled Substance (Virginia Code 18.2-250)

Under Virginia Code 18.2-250, it is illegal for any person to possess a controlled substance without a prescription knowingly. The offense applies to various substances like cocaine, methamphetamine, and prescription medications. The penalties for possession depend on the substance:

  • Simple possession. Possession of more than four ounces of marijuana is a misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500.
  • Possession of other drugs. Possession of substances like cocaine or heroin is a Class 5 felony, which can result in penalties of 1-10 years in prison.

Possession of specific quantities may lead to more severe penalties. Another factor that aggravates your penalties is prior convictions for other drug offenses.

Possession with Intent to Distribute

Under Va. Code § 18.2-248, possessing a controlled substance with the intent to distribute it is a serious crime. The statute covers a range of substances, including marijuana, methamphetamine, and prescription medication. The penalties for possession of a controlled substance with intent to distribute vary depending on the type of drug and the quantity involved.

Possessing a controlled substance with the intent to distribute can result in a Class 5 felony or Class 4 felony. If the substance in question was marijuana, you could face a class 5 felony charge. A conviction under these circumstances is punishable by a sentence of up to 10 years.

Possession with an intent to distribute substances like cocaine and heroin is a class 4 felony punishable by two to ten years in prison.

Manufacturing, Selling, or Distributing a Controlled Substance (Va. Code § 18.2-248)

Under Va. Code § 18.2-248, it is unlawful to manufacture, sell, or distribute a controlled substance. The statute encompasses the production of illegal drugs, such as methamphetamine or synthetic opioids.

Manufacturing illicit substances is a Class 5 felony. The prosecution can file charges for a more serious offense depending on the type of drug and circumstances.

You could face charges for a class 5, 4, or 3 felony distribution of a controlled substance. The nature and quantity of the substance involved will determine the severity of your penalties for the offense.

Drug Trafficking (Va. Code § 18.2-248.1)

Under Va. Code § 18.2-248.1, drug trafficking involves the illegal transportation or distribution of controlled substances. The statute targets large-scale drug trafficking offenses. The substances include cocaine, heroin, or methamphetamine.

Trafficking more than 500 grams of cocaine or heroin is a Class 3 felony. The offense is punishable by a prison sentence of 5–40 years. Trafficking large quantities of methamphetamine also carries severe penalties.

For offenses involving the trafficking of other drugs, the court will sentence you according to the quantity of the substance.

Violent Crimes

Under Virginia law, violent crimes are offenses that involve the use or threat of physical force against another person. These crimes carry severe penalties, including lengthy prison sentences, hefty fines, and a permanent criminal record. They include:

Murder (Virginia Code 18.2-30)

Murder is the unlawful killing of another person with malice aforethought. You could face charges for first- or second-degree murder, depending on the circumstances of your case:

  • First-degree Murder

It occurs when you deliberately kill another person. First-degree murder includes killings that occur during the commission of a felony, such as robbery or rape. A first-degree murder conviction is punishable by a minimum of 20 years in prison, with the possibility of life imprisonment.

  • Second-degree Murder

You could face charges of second-degree murder if you kill someone in the heat of passion or during an argument. It also includes killings caused by reckless disregard for human life. A conviction for second-degree murder carries a sentence of 5 to 40 years in prison.

Rape (Virginia Code §18.2-61)

Virginia law defines rape as engaging in any sexual penetration without the other person's consent. You could also face criminal charges for engaging in sexual intercourse with a person who is unable to resist.

Rape is a serious felony under Virginia law and is punishable by a prison sentence of 5 years to life. Other forms of sexual assault, such as forcible sodomy or sexual battery, also carry severe penalties. A conviction for sexual assault can result in significant prison time and mandatory registration as a sex offender.

A conviction for sexual assault or rape on your record can have devastating impacts on your career prospects and personal life. Therefore, you must hire and retain a skilled Fair Oaks criminal attorney if you face charges for this offense.

Robbery (Virginia Code 18.2-58)

Robbery involves taking someone else's property by force, intimidation, or threat of violence. Virginia law treats robbery as a violent crime because it often consists of the use of a weapon or the threat of harm to another person. Sometimes, a robbery may include carjacking, which involves forceful vehicle theft.

Robbery is a Class 3 felony under Virginia Code 18.2-58, which can result in a prison sentence of 5 to 20 years. However, if you use a weapon to commit the robbery, the crime may result in a harsher penalty of 10 to 40 years in prison.

Aggravated Assault (Virginia Code 18.2-57)

Aggravated assault is a violent crime that involves inflicting or attempting to inflict serious bodily injury on another person. When you face charges under this statute, the prosecution must prove that you acted with reckless disregard for the victim's safety.

Under Virginia law, aggravated assault is more serious than simple assault because it involves the use of a weapon. Aggravated assault is a Class 6 felony, punishable by 1 to 5 years in prison. You could face more serious penalties if you are a repeat offender or the victim is a law enforcement officer.

Find a Reliable Criminal Defense Attorney Near Me

Different types of offenses attract arrests and criminal charges under Virginia law. They include drug crimes, sex crimes, violent crimes, domestic violence, and fraud crimes. Prosecutors can charge you with a misdemeanor or a felony for your criminal offense, depending on the circumstances of your case and your criminal history.

The consequences of a criminal conviction in Virginia can last a lifetime. In addition to spending time behind bars, the conviction will remain on your record and can impact your personal and professional lives. Therefore, if you face an arrest and criminal charges, you must aggressively fight the charges to avoid a conviction.

The first step towards an effective defense for your case is hiring and retaining a skilled legal team. At Virginia Criminal Attorney, we offer expert legal insight for our clients battling various charges in Fair Oaks, VA. Contact us at 703-718-5533 to discuss your case details.