Facing criminal charges can be overwhelming, especially if you are unfamiliar with the legal system in Virginia. The severity of your penalties depends on the nature and circumstances of the crimes you commit. If you or a loved one has been charged with a crime, hire a competent Fauquier County criminal defense lawyer. An experienced attorney will safeguard your rights and fight the charges against you. At Virginia Criminal Attorney, we have lawyers ready to give you expert guidance on how to deal with your case.

Common Offenses Under VA Laws

Virginia’s criminal laws include a variety of offenses, from minor infractions to serious felonies. They include the following:

Rape

Per Virginia Code 18.2-61, rape refers to the act of engaging in sexual intercourse with another person without their consent. It may be done by means of force, threat, or intimidation or where the victim is unable to give consent because of mental or physical incapacity.

To secure a conviction, the prosecutor must prove the following elements beyond a reasonable doubt:

  • Penetration, no matter how slight, is considered rape.
  • You accomplished the act without the victim’s consent. You engaged in sexual intercourse with a person with a mental or physical disability.
  • The act must have been accomplished by the use of force, threats, or intimidation.

The prosecution relies on physical evidence, victim testimony, and witness testimony.

Legal Penalties for Rape

Fauquier County treats rape as a felony. If convicted, you could face up to 5 years to life imprisonment. You must also register as a sex offender for life. This could affect future prospects in employment, education, and housing. If you are a parent or guardian, you could lose your child’s custody rights. If the victim was a minor, you could face a minimum of 25 years in prison to life imprisonment.

If you engage in non-consensual sexual intercourse with your victim while using a weapon or causing serious bodily harm, you could face life imprisonment without parole.

Legal Defenses to Rape Crime Accusations

Some of the defenses your lawyer could employ include the following:

  • Consent: You could argue that the alleged victim had consented to the act. You could present evidence such as CCTV footage or text messages.
  • False Allegations: Inconsistencies in your accuser's account or evidence of ulterior motives could weaken the prosecution’s case.
  • Mistaken Identity: You could argue that you are a victim of mistaken identity.
  • Insufficient Evidence: If the prosecution cannot produce evidence such as DNA, witness testimony, or credible physical evidence, it could weaken its case against you.

Capital Murder

Virginia Code 18.2-31 criminalizes capital murder. Capital murder refers to the intentional and premeditated killing of another person under certain aggravating circumstances. These aggravating circumstances make capital murder different from other homicide charges.

Examples of acts that constitute capital murder include the following:

  • Killing more than one person in the same way or within three years.
  • Committing murder while engaging in a felony such as robbery, abduction, or terrorism.
  • Killing a law enforcement officer while they execute their duties.
  • Committing murder for hire scenario, where you are paid or promised that you will be paid to kill another person.
  • The murder of a minor under 14 years if you are 21 years or older.

What the Prosecution Must Prove

To obtain a conviction for capital murder, the prosecutor must prove the following elements beyond a reasonable doubt:

  • You intended to cause the victim’s death.
  • Your actions were not impulsive; you had planned beforehand to cause another person’s death.
  • You committed the murder under certain aggravating circumstances, such as murder during a felony, murder for hire, or killing multiple victims.

The prosecution may present evidence such as witness testimony, forensic evidence, and surveillance footage. They may also present aggravating factors, including your criminal record, to stress the gravity of the crime.

Penalties for Capital Murder

Capital murder is a class 1 felony. A conviction under Virginia Code 18.2-31 could lead to life imprisonment without parole and fines of up to $100,000. However, if you are under 18 or have mental disabilities, you could be punished to serve life imprisonment and pay $100,000.

Defenses to Capital Murder Charges

Common defenses for capital murder charges include the following:

  • You could argue that yours is a case of mistaken identity. You could present evidence such as an alibi and CCTV footage to prove your innocence.
  • Your lawyer could help you convince the judge to reduce your charge to second-degree murder or manslaughter. They could do so by arguing that the killing of your victim was accidental or committed in the heat of passion.
  • Your lawyer could argue that, due to your mental illness, you were unable to comprehend the nature of your actions.

Arson

Arson refers to the intentional burning or destruction of property, whether it is a building, vehicle, or personal property. Virginia classifies arson under Virginia Code 18.2-77 through 18.2-88, depending on the type of property targeted and the intentions behind your actions. Committing arson poses a huge threat to life and property.

Degrees of Arson

Arson in Virginia is classified into several degrees. They depend on the type of property that was damaged and if there was any threat to life. They include:

  1. Arson of an Occupied Dwelling (Virginia Code 18.2-77)

This refers to the burning either intentionally or recklessly of a structure that is occupied, such as a home, apartment, or office building. A conviction could lead to:

  • If Life is Endangered: You could face up to 5 years to life in prison and fines up to $100,000.
  • If no Life is Endangered: If no one is endangered, you could be punished by serving 2 to 10 years in prison and paying fines of $100,000.
  1. Arson of an Unoccupied Structure (Virginia Code 18.2-79)

It is a felony to burn or attempt to burn an unoccupied building, church, barn, or factory per Virginia Code 18.2-79. If convicted, you could be punished to serve up to 1 to 10 years in prison and to pay a fine of up to $100,000.

  1. Arson of Personal Property

Per Virginia Code 18.2-81, burning personal property valued at $1000 or more, such as vehicles, furniture, or other property, is a crime. Upon conviction, you face 1 to 10 years in prison and fines of up to $2500.

  1. Burning of Public Property (Virginia 18.2-80)

You commit a felony if you burn public buildings, schools, or other government-owned properties. Upon conviction, you could face life imprisonment if life was endangered.

Burning can be malicious or unintentional. Unintentional burning refers to fire caused by negligence or recklessness leading. It is criminalized under Virginia Code 18.2-88, a class 1 misdemeanor punishable by up to 12 months in jail and a $2500 fine.

Common defenses include the following:

  • You could argue that the fire was accidental, not intentional.
  • Insufficient Evidence.
  • You started the fire for a valid reason.
  • You are a victim of entrapment.
  • You are mentally handicapped.

Robbery

Robbery, per Virginia Code 18.2-58, is the unlawful taking of another person's property through intimidation, threats, or violence in order to deprive them of that property permanently. It is a felony, and you could face severe penalties depending on the circumstances of the crime.

Classifications of Robbery

  • Class Two Felony

A robbery charge becomes a class two felony if you cause serious bodily injury resulting in the death of your victim. The penalties for this class are so severe because the crime has a fatal outcome.

  • Class Three Felony

You are guilty of a class three felony if you commit robbery by using a firearm or if a firearm is displayed in a threatening manner while engaging in robbery. The weapon makes the offense much more serious.

  • Class Five Felony

You commit a class five felony robbery crime when you use physical force. That is, if you do so without causing serious bodily harm. The charge also applies if you use or display threateningly a deadly weapon other than a firearm.

  • Class Six Felony

This is the least serious robbery offense. It involves using threats or intimidation when executing a robbery instead of a firearm or a deadly weapon. Class six felony robbery charges carry lighter penalties than other classes.

Elements that the Prosecution Must Prove

To convict you of robbery under Virginia law, the prosecution must establish the following elements beyond a reasonable doubt:

  • You took another person’s property.
  • The property must have been taken from the owner's presence or immediate control.
  • You took the property without the owner’s consent.
  • You used force, violence, or intimidation to execute the robbery.

Penalties for Robbery

Robbery penalties depend on the classification of the offense:

Class Two Felony: The penalty for this crime is 20 years to life imprisonment and a fine of up to $100,000.

Class Three Felony: The penalties include 5 to 20 years imprisonment and/or a fine not exceeding $100,000.

Class Five Felony: You could face up to 10 years imprisonment and fines of $2,500.

Class Six Felony: If convicted, you could be punished with up to 5 years in prison and a fine of $2,500.

Some of the ways a Fauquier criminal defense attorney could help you convince the judge of your innocence include the following:

  • You had reason to believe that the property was yours.
  • The alleged victim willingly handed over the property to you.
  • You did not use any force or violence while executing the robbery.
  • You are a victim of entrapment.
  • You engaged in the robbery to avoid or protect yourself against a great and imminent danger.

Prostitution

Virginia Code 18.2-346 defines prostitution as the act of engaging in or offering to engage in sexual acts for monetary or some other form of compensation. The individual offering sexual services, the solicitor, and the facilitator are subject to this offense.

Classifications of Prostitution

  • Engaging in Prostitution: You could be charged with a misdemeanor if you perform sexual acts in exchange for payment.
  • Solicitation of Prostitution: You are prohibited from offering money or other forms of compensation for someone else to engage in prostitution. It does not matter whether the act is eventually carried out.
  • Facilitating Prostitution: Promoters and profiteers of prostitution, like pimps and brothel operators, could be charged with a felony for facilitating prostitution.

Penalties for Prostitution

The penalties for prostitution vary depending on the circumstances. A first-time offender could be punished to serve 12 months in jail and pay a fine of $2500. You could also be subjected to registration as a sex offender for life. This could affect your prospects for employment and education opportunities.

A conviction for prostitution could also bring about shame, employment termination, and divorce. Solicitation or facilitating prostitution of a person under 18 years of age is a felony punishable by 5 to 20 years in prison.

Aggravating Circumstances

Certain factors can elevate prostitution-related charges:

  • The use of force, coercion, or fraud to compel another person to work in prostitution.
  • Using online platforms or other technologies to facilitate or advertise prostitution.
  • Performing prostitution acts in public places, such as near schools or parks.

Legal Defenses to Prostitution Accusations

Some of the common defenses that your Fauquier criminal defense lawyer could employ include the following:

  • Entrapment: Your lawyer could argue that the law enforcers induced or coerced you to perform prostitution.
  • Lack of Evidence: The prosecution must prove that you exchanged money to solicit prostitution. If they do not present such evidence, your case could be dismissed.
  • Misidentification: Your lawyer could present an alibi who can vouch for you and argue that your case is one of mistaken identity.
  • Coerce or Duress: You could argue that you did not engage in prostitution willingly. You could present evidence, such as text messages or CCTV footage, to show that you were forced into doing the act against your will.

Carjacking

Virginia Code 18.2-58.1 defines carjacking as the taking of a motor vehicle from another person by violence, threat, or intimidation. Carjacking combines elements of robbery and vehicle theft and is a felony.

To secure a conviction for carjacking, the prosecution must prove the following:

  • You took possession of another person’s motor vehicle.
  • You used violence, threats, or intimidation when taking the vehicle.
  • You had the intention to take the vehicle from its owner, even if only temporarily.
  • If applicable, you used a deadly weapon to take the vehicle away from its owner.

Penalties for Carjacking

Carjacking is a felony. If convicted, you could face a minimum of 15 years to life imprisonment. You could be subject to paying $100,000 in fines.

Legal Defenses to Carjacking Charges

  • You could argue that you were not the person who performed the carjacking.
  • You did not intend to deprive the owner of possession of the vehicle over it. You were only borrowing it for a while.
  • The owner of the car had consented to your taking it.
  • You were not at the scene of the crime when the carjacking took place.

Assault and Battery

Assault and battery are separate but closely related offenses under Virginia Code 18.2-57 and 18.2-57,2. Assault means an intentional threat or attempt to cause harm to another person. Battery is the unlawful physical contact with or harm to another person.

Types of Assault and Battery

  • Simple Battery and Assault: If you commit this offense, you could be charged with a class 1 misdemeanor punishable by up to 12 months in jail and/or a fine of up to $2500.
  • Domestic Assault and Battery: Virginia Code 18.2-57.2 criminalizes battery and assault committed against family or household members. If convicted, you could face up to 1 year in jail and fines of up to $2500. You could also be punished to attend mandatory counseling and participate in domestic violence programs.
  • Aggravated Assault and Battery: Using a weapon or being intentional about committing the crime elevates the offense to a felony.

Elements of Assault and Battery

To convict you of assault and battery, the prosecution must prove the following:

  • You intended to cause harm to another person.
  • You threatened or placed your victim in fear of harm.
  • You had unlawful contact with your victim.
  • You had physical contact with another person without their consent.

Some common defenses for assault and battery include the following:

  • You were defending yourself.
  • There was no contact.
  • The alleged victim had consented to the touch.
  • The touching was not intentional.
  • You are a victim of false allegations.

Factors that Mitigate Criminal Offenses

  • You have no criminal record.
  • You committed a crime in a state of mental illness and emotional distress.
  • You cooperated with the law enforcers.
  • Your participation in the crime was minimal.
  • You were remorseful and accountable.
  • You paid some money as a remorseful token to the victim.
  • You are willing to reform.

Find a Fauquier Criminal Defense Attorney Near Me

In Fauquier County, criminal charges like rape, capital murder, arson, and robbery carry severe consequences. A conviction can result in a lengthy sentence, hefty fines, and repercussions that last for a lifetime.

If you or someone you love is facing criminal accusations in Fauquier County, we at Virginia Criminal Attorney can help. At Virginia Criminal Attorney, we are committed to protecting your rights and fighting the charges against you. Call us today at 703-718-5533 so that we can review your case and guide you through the legal process.