Facing criminal charges can be disturbing, considering the potential consequences of a criminal conviction. You can face several criminal charges based on the severity and nature of the criminal act you are accused of. You should not give up without a fight, even if the prosecutor has sufficient evidence against you. If you are accused of committing any crime, you need to seek the services of a skilled Frederick criminal attorney. An attorney will walk with you, gather relevant evidence for your case, and help you fight your criminal charges. At the Virginia Criminal Attorney, we have dedicated attorneys who can safeguard your rights and help you create a solid defense.

The Common Crimes Under Virginia Law

The most common criminal offenses under Virginia law include:

Capital Murder

It is a homicide crime to kill another person regardless of the intent or any other details related to the offense. A murder occurs when you kill another person purposefully, intentionally, and with malicious aforethought. You can also be guilty of murder for inflicting severe bodily injuries on someone else, which makes them die later as a result of the injuries. If convicted of capital murder, you can face a life sentence. The court can convict you of murder even if you intend to kill a different person from the one who died. Capital murder is the most severe among the various types of homicides. This crime is planned and intentionally executed to kill someone.

The definition of murder is enhanced under Virginia Code 18.2-31 by adding 15 other crimes that encompass capital murder. You can be guilty of capital murder under this law if you premeditated and willfully and deliberately kill:

  • During a robbery or an attempted robbery.
  • As a contractor hired to kill.
  • Under the orders from another person who engaged in an ongoing unlawful venture as defined under Virginia state laws.
  • A person under 14 years old when you are 21 years or older.

What The Prosecutor Must Prove

The prosecutor must provide sufficient evidence for an accusation of capital murder to be sustained. He/she must prove beyond doubt that your act of homicide was deliberate, intentional, and premeditated. This can apply even if your killing occurred within the setting of another offense. Premeditation can take place in the seconds preceding the murder. Planning for killing is not a prerequisite.

Capital Murder Penalties

You can face severe penalties, including a death sentence, if you are guilty of capital murder. In this case, you will spend the rest of your life in prison. Under section 18.2-31, capital murder is deemed a class 1 felony whose penalties are:

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

A life imprisonment without the possibility of parole can be the best outcome after a conviction. You can face the following penalties if you are under 18 years old or have mental disabilities:

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

Defenses for capital murder charges can include:

  • You are a victim of mistaken identity.
  • Your action was not intentional.
  • You are not responsible for the victim’s death.
  • You acted in self-defense, or you were defending another person.

Rape - Virginia Code 18.2-61

Rape is among the severe offenses in Virginia. The charges for this offense can be complicated, like in domestic assault and battery, because you and the victim could know each other and reside together. You can face severe punishments if you are guilty of rape. It is considered rape under VA 18.2-61 to have sexual intercourse with a victim or cause someone else to have sexual intercourse with the victim.

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

  • You committed rape through force, intimidation, or threats.
  • You committed the offense by the use of the victim’s physical or mental helplessness.
  • The victim was below 13 years old. This can be deemed statutory rape whether you use force or not.

Penalties For Rape Charges

Rape is charged as a felony under VA 18.2-61. This offense attracts severe penalties. You can be sentenced to a minimum of five years to life in prison. If the victim is below 13 years and you are three years older than them, the mandatory minimum sentence will increase to 25 years. An adult can be sentenced to a mandatory sentence of life in prison if he/she is convicted of raping a victim below 13 years.

Additionally, you can be ordered to register with the Virginia Sex Offender Registry for the rest of your life if you are convicted of rape. This can limit your ability to find employment and housing. It can also affect your custody rights to your children.

Under Virginia rape law, you can be convicted of rape even if the victim is your spouse. However, the punishment will be different. You can be placed on probation and ordered to undergo therapy or counseling if you have not been charged with rape previously and your spouse agrees to it. Upon successful completion of probation, your criminal case will be dismissed. If you violate probationary conditions, you can face the same penalties as a person who was convicted of raping someone who is not their spouse.

Defenses To Rape Charges

Some of the defenses your Frederick criminal attorney can present against your rape charges include:

  • You are a victim of mistaken identity.
  • You did not use force, threats, or intimidation on the victim.
  • No sexual activity took place.
  • The alleged victim consented to the act.
  • You were mentally unfit when you committed the crime.

Robbery - Virginia Code 18.2-58

Robbery is defined under Virginia law as taking another person’s property or money through threat or force. This crime is classified as follows:

Class Two Felony

You can face class two felony charges if you commit robbery and inflict serious bodily injury to cause the death of someone else.

Class Three Felony

You can face class three felony charges if you used or displayed a firearm in a threatening manner while committing the offense.

Class Five Felony

You can face class five felony charges if you applied physical force on the victim but did not result in serious bodily injury. You can also face the charges under this class if you used a deadly weapon other than a firearm or displayed it in a threatening manner while committing robbery.

Class Six Felony

A class six felony is a less severe robbery charge. You can face charges under this class if you commit robbery using intimidation, threat, or another means that does not involve deadly force.

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

  • You took property.
  • The property belongs to someone else.
  • You took the property from the owner’s presence.
  • You took the property without the owner’s permission.
  • You used intimidation, violence, or force.

Penalties For Robbery Charges

You will face robbery punishment based on the type of robbery you committed. You can face a jail term of 20 years to life imprisonment if you commit a class two felony. You can also face a fine of up to $100,000. Class three felonies can attract a jail term of 20 years and a fine that does not exceed $100,000. On the other hand, you can face a jail term of ten years and a fine of $2,500 for a class five felony. Class six felony can attract a jail term of five years and a fine of $2,500.

Defenses For Robbery Charges

The defenses for robbery charges can include:

  • Right of ownership to the property.
  • The alleged victim consented.
  • You did not use violence or force.
  • You are innocent.
  • You were acting under duress.

Arson - Virginia Criminal Code 18.2-80

According to Virginia law, malicious burning can result in a conviction for criminal arson. Burning an occupied dwelling is a felony offense. You can face a maximum sentence of life imprisonment if you are guilty of this crime. However, if the prosecutor alleges arson charges, he/she should prove these elements:

  • A fire was started intentionally.
  • You are the one who started the fire.
  • You acted with malicious intent.

Penalties For Arson Charges

You can face five years to life imprisonment if you set the fire on:

  • An occupied dwelling like a home or an apartment building.
  • A church.

This penalty also applies if you are responsible for burning or you assisted or procured the burning. Burning any other occupied building attracts a prison sentence of 5 to 29 years.

You could face a jail term of two to ten years if the object was an unoccupied dwelling or church. Burning any other unoccupied building can attract a jail term of two to ten years if valued above $200. You can face a jail term that does not exceed one year if the unoccupied building is worth less than $200.

You could face a jail term of between two and ten years if you created the fire during the commission of a felony. Burning personal property worth $200 or more, when destroyed maliciously or with intent to defraud, can attract a jail term of between two and ten years. Burning personal property worth less than $200, when destroyed maliciously or with intent to defraud, can attract a jail term of one year.

Causing a bushfire can attract a fine only. Burning grass, wood, or fence without malicious intent attracts a jail term of one year. Burning land, fences, grass, or woods maliciously attracts a jail term of between one year and five years.

On the other hand, an adult over 15 can face a jail term of one year to ten years if he/she threatens or causes false communication of a fire. A person under 15 can face a jail term of one year if he/she threatens or causes false communication of a fire.

With the help of your Frederick criminal attorney, you can present the following defenses to challenge your arson charges:

  • You have a valid reason for starting the fire.
  • You were entrapped or provoked.
  • You were mentally ill.
  • No sufficient evidence.
  • You did not intend to start the fire.

Assault And Battery - Virginia Code 18.2-57

Battery and assault have definite legal elements under VA 18.2-57. However, these two offenses are categorized as class 1 misdemeanors. Assault is a harmful, offensive, and intentional act that can cause reasonable fear or anxiety of expected injury. It encompasses intimidation by non-physical acts that cause fear in someone else.

You will face battery charges if you deliberately touch someone else physically in a harmful or offensive manner without their justification, permission, or legal basis. Battery encompasses touching someone else with an object after setting the object in motion.

If the prosecutor accuses you of assault and battery, the prosecutor must prove the following elements:

  • You intentionally acted to cause fear or danger to another person.
  • The victim believed that your actions would cause them harm.
  • Your actions were offensive or harmful, and they presented a physical threat to the victim.

Penalties For Assault And Battery Charges

You can face simple assault charges if you deliberately try to cause bodily harm to someone else. This is considered a class 1 misdemeanor offense. In this case, you can face a jail term of one year and a fine of up to $2,500. You will be charged with assault and battery if your crime involves harmful or offensive contact. This can still attract a jail term of one year and a fine of $2,500.

The common defenses for assault and battery charges are as follows:

  • Self-defense.
  • The victim consented to the touch.
  • Accord and satisfaction.
  • No contact.

Prostitution

Prostitution is a misdemeanor offense in Virginia. Common prostitution convictions involve the following offenses:

Prostitution Under VA 18.2-346

It is an offense under VA 18.2-346 to engage in sexual acts in exchange for money or its equivalent like property or drugs. A sexual act is widely defined and encompasses sexual intercourse and oral sex.

Solicitation

Solicitation of prostitution is a standard offense. No sexual contact has to occur under VA 18.2-346 for this offense to have been committed. Money must have been offered or something equivalent with the intent of engaging in a sexual act. A substantial act must also have occurred to further the offer.

Aiding Prostitution

You can face charges under VA 18.2-348 if you aid in prostitution or unlawful sexual intercourse. You can be guilty of this offense if you know or should have been aware that you are transporting or helping in transporting another person to a place of prostitution. You can also face charges for aiding prostitution if you provide details on how prostitution should be committed.

Penalties For Prostitution Charges

You can face class 1 misdemeanor charges if you commit prostitution, solicitation of prostitution, and aid prostitution. You can face a jail term of up to one and a fine of up to $2,500 if you are guilty of this crime. You can also have a permanent criminal record. If this happens, securing a job, house, and education can be challenging. A conviction of this crime can also cause you to have problems in your marriage, feel public shame, and result in termination of your job.

Defenses For Prostitution Charges

Together with your Frederick criminal attorney, you can present the following defenses to contest your prostitution charges:

  • You are a victim of entrapment.
  • You were forced into having sex.
  • No intent.

Carjacking - Virginia Criminal Code 18.2-58.1

Carjacking is deemed a serious violent offense in Virginia. This crime is defined under VA 18.2-58.1 as the intentional seizure or assuming control of a car belonging to someone else. You can commit this offense with the intent to temporarily or permanently deprive someone else of possession of the car. This act can be achieved through beating, striking, suffocation, or strangulation. You can also execute this act by threatening the victim with a gun or other deadly weapon.

If the prosecutor accuses you of carjacking, the prosecutor should prove the following elements:

  • Another person had possession of the vehicle.
  • You took the vehicle from the immediate presence of the owner.
  • You took the vehicle against the victim’s will.
  • You intended to deprive the owner of the vehicle temporarily or permanently.

Courts usually charge carjacking as a felony. This offense always attracts a jail term that does not exceed 15 years or life in prison. You can also face a fine that does not exceed $100,000. Additional years can be added to the minimum of 15 years in cases where you used a deadly weapon.

The defenses you can present against carjacking charges include:

  • Mistaken identity.
  • The driver consented.
  • No force or fear.

Mitigating Factors In Criminal Offenses

Some of the mitigating factors that your Frederick criminal attorney can present to fight your charges include the following:

  • You do not have a criminal history.
  • You did not cause injury to the victim.
  • You paid restitution to the victim.

Aggravating Factors In Criminal Offenses

Aggravating factors can enhance your charges. Some of the common aggravating factors include:

  • You are a repeat offender.
  • You inflicted injuries on the victim.

You should not try to go it alone without the help of a Frederick criminal attorney, especially if aggravating factors are present.

Find A Frederick Criminal Defense Attorney Near Me

If you or your loved one are facing criminal charges?

Your first step should be to contact an experienced Frederick criminal attorney. At the Virginia Criminal Attorney, we have experienced attorneys who can help you fight your charges and achieve a favorable outcome for your case. Contact us at 703-718-5533 to speak to one of our attorneys.