You may have several concerns when accused of a crime in Fairfax City. You may be concerned about how to fight back and the punishment that awaits you if found guilty. You may also ask yourself what legal options you have before, after, and during the trial or whether you can avoid going to trial. The good thing is that you need not worry about all of these alone.

With help from a qualified and experienced Fairfax City criminal defense attorney, you may successfully challenge the charges you face and obtain the most favorable outcome. Whether you face misdemeanor or felony charges, an assertive defense attorney can assist you in minimizing those charges and having the best possible day in court or no day in court.

At Virginia Criminal Attorney, we have in-depth experience defending accused persons in Fairfax City. Thanks to our decades of working here, we deeply understand Virginia laws and how local courts and prosecutors apply them. Your case will be unique to any we have handled before. However, we will use our prior knowledge and skills to build a compelling defense strategy. If you have more questions about how we can help you, call us today.

Misdemeanor Crimes Defense In Fairfax City

In Fairfax City, misdemeanor offenses are considered less serious than felony crimes and thus carry lesser consequences. Although the penalties linked to misdemeanor isolation, like fines and incarceration terms, could be considered severe. That is particularly so for people without a criminal history. Generally, misdemeanor sentences are served in county jail instead of state prison.

Misdemeanor offenses are classified into different classes, including 1, 2, 3, and 4. Class 1 offenses are the most severe, followed by Class 2, Class 3, and Class 4 misdemeanor crimes. Apart from these four classifications of misdemeanor charges, there is an unclassified type called Class U misdemeanors. This group of crimes rarely applies.

Possible consequences for misdemeanor violations in Fairfax City include a maximum of 12 months in jail, fines, probation, community service, driving restrictions, et cetera. Being found criminally liable for a misdemeanor violation can also make it challenging to secure employment, purchase or rent a home, and secure college admission. Examples of misdemeanor crimes include:

  • Petit larceny.
  • Reckless driving.
  • Domestic assault.
  • Aggressive driving.
  • Public intoxication.
  • Property damage without intending to steal.

If accused of a misdemeanor offense, your ideal step is to call a qualified local criminal defense lawyer. The lawyer will review all the case details before tailoring the best defense for your case.

Felony Crimes Defense In Fairfax City

Offenses more severe than misdemeanor violations are deemed felonies. These usually lead to lengthy prison sentences, hefty fines, and extended probation sentences. In sex crime cases, the court may require you to register as a sexual offender for life based on the case facts to add to the mentioned penalties. Even though misdemeanor consequences can usually be life-changing, felony sentences virtually always are. A skilled criminal defense attorney can assist in legally fighting any felony charges you face.

There are six different classes of felony crimes (Class 1-6), each with different consequences. Class 1 felonies are the most severe, while Class 6 felonies are the least severe. Every classification has its sentencing range, as described under Va. Code 18.2-10. Some violations can fall under multiple classes. Examples of felony offenses prosecuted in Fairfax City include the following:

  • Murder.
  • Gun charges.
  • Arson.
  • kidnapping.
  • Sex offenses.
  • Fraud.
  • Armed robbery.
  • Aggravated assault.
  • Drug distribution and drug trafficking.
  • Grand larceny.

However, some felony crimes are unclassified. Unclassified felonies do not have a corresponding class number. Rather, they have unique sentence ranges. For example, some sex crimes are considered unclassified. For example, the law criminalizing aggravated sexual battery provides a sentencing range of one to twenty years in state prison.

Commonly Prosecuted Crimes In Fairfax City

Virginia Code lists a wide range of criminal offenses. Some crimes rarely occur in Fairfax City, while others are common. If you are facing an accusation for any of these crimes, it is crucial to have expert representation. Navigating the criminal justice system is difficult, but a lawyer can help since they are conversant with the process and will guide you through it.

Sex Crimes

Sexual offenses, based on the facts, can be assertively tried as federal or state offenses, particularly sexual crimes against minors. The consequences for a sexual crime conviction in Fairfax City can be severe. Some of the more prevalent sex offense charges include the following:

  • Child pornography (possessing, distributing, producing). This is additionally the law under which the prosecution pursued sexting crimes, even if the crime is perpetrated by minors (anyone below 18).
  • Carnal knowledge of a minor between 13 years or older but below 15 years, which is similar to statutory rape (with a child) in other states.
  • Object sexual penetration.
  • Rape.
  • Attempted rape.

Federal child porn charges are punishable by even steeper consequences than state child pornography. Some federal laws allow sexual offense victims to pursue compensation against their criminally liable tormentors in civil court. Also, all those convicted of a sexual offense must comply with the sexual offender registration requirement.

White-Collar and Fraud Crimes

Most fraud crimes entail thefts by checks. However, forging another person's signature on a check is a Class 5 felony offense. Computer-related fraud and identity theft are both considered white-collar offenses that are on the rise, with consequences based on the amount of the theft and the extent of damage the victim suffered.

Many deception and fraud crimes are deemed federal felonies. Federal prosecutors aggressively pursue suspects who perpetrate the following offenses:

  • Healthcare fraud.
  • Tax fraud.
  • Securities fraud.
  • Identity Theft.
  • Bankruptcy fraud.

Drug Crimes

Marijuana or various kinds of regulated substances suspects possess, and the amounts they possess attract various penalties. Virginia categorizes drugs into six distinct schedules determined by their propensity to lead to addiction and therapeutic value. It utilizes these schedules in determining penalties. The lower the schedule, for example, Schedule I, the more severe the punishment.

The prosecution must have sufficient evidence to prove the narcotics you possessed were for sale, distribution, or personal use. If the judge convicted you of drug possession intending to distribute or sell, you will face a much longer prison term than if you had them merely for your use.

Apart from possession for sale or personal use, other drug crimes prosecuted in Fairfax City include:

  • Drug manufacturing: Producing regulated substance without lawful authorization or possessing chemicals utilized in manufacturing a regulated substance intending to manufacture.
  • Drug transportation: moving drugs from one place to another.
  • Sale of drugs: This means selling, providing, giving away, delivering, or distributing a regulated substance. The intention to give away, distribute, or sell can be proven by looking at factors like the possessed quantity of the drug.

Theft: Crimes that Involve Property

Theft crimes could be charged as misdemeanors or felonies based on the details surrounding the crime and the value of the stolen property. If the property value is below $200, it will be a misdemeanor violation; if it is over $200, the crime will be a felony. The consequences of these offenses vary significantly.

For example, petit larceny, deemed a Class 1 misdemeanor, carries a fine not exceeding $2,500 and a jail term of not more than twelve months. On the other hand, grand larceny, considered a felony, carries a maximum of twenty years in state prison based on the specific charges, case facts, and any other felony charges besides the underlying larceny charges. Theft crimes include, without limitation:

  • Shoplifting.
  • Burglary.
  • Robbery.
  • Carjacking.
  • Embezzlement and other white-collar thefts.

Virginia law also necessitates that anyone found criminally liable for any theft offense reimburse the victims for their losses. In most situations, theft victims can sue those found criminally liable for stealing their property or money for civil damages.

Assault: Offenses That Inflict Injury on Victims

The prosecution can press assault charges after a non-serious physical confrontation, like a threat or shove, or a severe act like murder. Most assaults resulting in the victim suffering harm can be prosecuted as felonies. Offenses that involve weapons, whereby the victim sustains severe injuries or the suspect intended to cause death or permanent injury to the involved victim, are considered felonies. These kinds of felonies carry significant terms and hefty fines.

A class 1 misdemeanor assault sentence can lead to a fine not exceeding $2,500 and up to 12 months in custody. Additional factors could enhance assault penalties. These include if:

  • The victim involved is a protected government worker (for example, EMTs, judges, and police officers).
  • The assault charge is a hate crime. Hate crimes are a Class 6 felony.

The prosecution presses domestic violence charges when the involved victim is subject to assault by a person deemed a household or family member, as described under Virginia law. Prevalently, domestic violence offenses are those committed against or by:

  • Spouses,
  • Ex-spouses,
  • Parents,
  • Girls or boyfriends.
  • Children,
  • Siblings, and
  • People who have a child together.

A household member also includes people who have cohabited together as described under the law within the past one year of the supposed assault.

The consequences of domestic violence can be more serious than those of other types of assault cases. Violating a restraining order issued in a domestic assault-related conviction is a serious crime that often involves custody time.

Reckless Driving and DWI/DUI

Driving while intoxicated with drugs and alcohol (VA. Code 18.2-266) is considered a Class 1 misdemeanor DUI offense. If you are subject to your first conviction, you could be subject to one year in custody and a fine not exceeding $2,500. You will also lose your driving privileges for 12 months. If you are a repeat offender, the license suspension will be longer. If your BAC (blood alcohol concentration) limit exceeded .08% at the time of arrest or you had a child in the car, you could be subject to a longer minimum jail sentence.

Reckless driving refers to a group of severe driving crimes (Va. Code 46.2-852-865) that may also trigger similar Class 1 misdemeanor consequences as DUI. That is a maximum of 12 months in custody and a court fine not exceeding $2,500. Any reckless driving conviction also results in a license suspension for six months.

Excessive speed constitutes a large percentage of reckless driving charges in Fairfax City. This is because motorists face many speed tickets.

Weapon Charges

Most weapon charges in Fairfax City involve the unlawful carrying of a gun publicly, often a handgun. Other Fairfax City weapon violations include the following:

  • Unlawfully discharging a gun at or within a dwelling.
  • Possessing guns while in prohibited locations (like courthouses, churches, airports).
  • Carrying a firearm during the perpetration of a narcotic-related offense or other felony crimes.
  • Possessing a prohibited weapon and ammunition.

Federal weapon laws may also apply to certain offenses, particularly if they happen alongside other federal offenses. Fines and prison terms for federal weapon convictions are much more severe than for state convictions.

The Fairfax City Arrest Process

When arrested for a crime, two things may take place. If it is a low-level crime, the police will release you on a summons. The police might not even handcuff or formally arrest you, for that matter. Instead, they will issue a summons against you, constituting an arrest. In these cases, like in simple marijuana possession cases, after the police do the investigations, they will need you to sign the summons, promising to attend court. Once you sign the summons, the police will release you, concluding the arrest process.

If the police formally arrest you, for example, for DUI, they will bring you in for booking. Booking usually takes place at the local jail or detention center. In DUI cases, the officer will need you to take a breathalyzer test to determine your BAC while being booked. After the arresting officer searches you again, processes you, and concludes their daily investigations, they will bring you before a magistrate.

The magistrate will analyze the facts surrounding your situation and establish whether there is probable cause to issue a warrant. They will then hear the evidence the arresting officer or complaining witness has against you. If the magistrate establishes that you committed the crime in question, they will issue an arrest warrant against you and serve you right there at that time. The presiding magistrate is additionally in charge of setting bail in your case.

Once the magistrate issues a warrant, they will determine the bail amount based on whether you are a flight risk, your past criminal record, and where you live. If you can post the required bail amount, the police will release you and require you to return for court hearings. If you cannot post the bail amount, you will be arraigned before a judge within the next one or two days.

During the arraignment hearing, the judge will ask whether you wish to retain your lawyer or need the court to appoint one for you. After determining that, the next day, generally after arraignment, the court will set a bond hearing. During this hearing, your lawyer will argue that the judge reduces the bail amount so you do not have to sit in jail awaiting your next court appearance.

The prosecution presses charges when you are arrested, whether the police formally arrest and bring you before a magistrate or issue a summons. Both a warrant and summons serve as the formal charging document. Once the police issue any of them and serve you, you are officially accused of the crime.

How a Fairfax City Defense Can Help You

As a defendant, you have the right to all the protections provided within the criminal process. That means the United States Constitution protects you from illegal searches, self-incrimination, and conviction with no due process. Most violations are state offenses, and the Virginia criminal code describes what the prosecution must prove for the judge to find you guilty of a given violation.

Unless the prosecution can successfully satisfy the burden of demonstrating every element of the crime beyond any reasonable doubt, the judge should find you not guilty and permit you to go free without consequences and a criminal record.

A Fairfax City criminal attorney’s job is to do everything legally possible to safeguard your rights. They also work to maximize the odds that you will receive the most favorable as your case navigates the criminal justice system.

Sometimes, your lawyer can have the prosecution drop the charges against you before you go to trial. In other situations, defending yourself could be risky, and your attorney can assist in negotiating a plea bargain that leads to reduced charges or more lenient penalties. Of course, a lawyer can also help you make arguments in court if you choose to enter a not-guilty plea. They have the legal background and knowledge to assist in presenting compelling arguments to the jury.

Deciding what response to criminal charges will likely be ideal for your specific case can be intricate. Therefore, it is wise to have a lawyer in the early stages of the criminal process so you can start making informed decisions early enough.

Find a Competent Fairfax City Criminal Defense Lawyer Near Me

If you are under investigation or face criminal charges in Fairfax City, calling a skilled local criminal defense lawyer is a critical first move toward protecting your legal rights. At Virginia Criminal Attorney, we boast a legal team that has successfully handled thousands of cases for different criminal charges. We can discuss with you and develop a personalized defense strategy to satisfy your needs. Call us at 703-718-5533 for a complimentary consultation to learn more about the charges you face and discuss your legal options.