Whether you are dealing with charges related to assault, drug offenses, DUI, or any other criminal allegation, it is important to seek help from a dedicated and experienced legal team. At Virginia Criminal Attorney, we offer comprehensive legal support, guiding you through each step of the process. Our Gainesville defense attorneys are committed to providing you with the strong representation you need to navigate the complexities of the legal system. Here are some of the cases we can help you deal with.
Property Crime Charges
Here is an overview of common property crimes in Virginia:
Burglary
Virginia Code Section 18.2-89 defines burglary as the unlawful breaking into a dwelling or structure with the intent to commit a felony or theft. Degrees of burglary are outlined based on factors such as the time of entry, the presence of individuals within the premises, and the use of weapons. The statute may outline different degrees of burglary based on various factors such as the time of entry, whether individuals were present within the premises, and the use of weapons.
Larceny
Larceny, as defined under Virginia Code Section 18.2-95, is the wrongful acquisition of another person's property with the intent to deprive them of it permanently. The statute classifies larceny based on the value and type of property involved, distinguishing between petty larceny and grand larceny. The key element in larceny is the intent to permanently deprive the rightful owner of their property. This means that the defendant must have the intention to keep the property for themselves or to dispose of it in a manner that would make it unlikely for the owner to recover.
Robbery
Virginia Code Section 18.2-58 outlines robbery as a property crime that involves the use of force, intimidation, or threats to unlawfully take someone else's property. The severity of the offense may vary, and statutes often distinguish between different degrees of robbery based on factors such as the level of force used, the presence of weapons, or other aggravating circumstances.
Shoplifting
Virginia Code Section 18.2-96 defines shoplifting as intentionally taking possession of, carrying away, or altering the price of merchandise with the intent to permanently deprive the owner of the full value of the merchandise.
The elements of shoplifting include:
- Intent: The individual must have the intent to permanently deprive the store owner of the full retail value of the merchandise.
- Act of Taking or Altering: Shoplifting includes actions such as physically taking items, hiding them, altering price tags, or switching labels.
The offense may be classified as petty larceny or grand larceny, depending on the value of the stolen goods. The penalties for shoplifting can vary based on factors such as the value of the stolen items and whether the offender has previous convictions.
Violent Crimes
Below are some of the common violent crimes under Virginia law:
Assault and Battery
Assault and battery, as defined under Virginia Code Section 18.2-57, assault involves intentionally causing another person to fear that they are about to suffer physical harm. It doesn't necessarily require physical contact but focuses on the apprehension of harm. Aggravating factors such as the use of a weapon, serious injury to the victim, or the relationship between the parties involved can impact the severity of charges and potential penalties.
Homicide
Homicide, the most severe form of violent crime, involves the unlawful taking of another person's life. Virginia's statute covers different degrees of homicide, including murder, manslaughter, and involuntary manslaughter. Sections 18.2-32 to 18.2-36.1 outline the elements that differentiate these offenses, categorizing them based on intent, negligence, or unforeseen circumstances.
Kidnapping
Kidnapping, an offense involving the unlawful abduction or confinement of an individual against their will, is addressed under Virginia Code Section 18.2-47. This statute outlines the elements that constitute kidnapping and outlines the penalties for this violation. Kidnapping cases are outlined under this legal framework, with the severity of penalties influenced by factors such as the victim's age, the use of weapons, and the duration of confinement.
Manslaughter
Manslaughter, both voluntary and involuntary, is addressed under Virginia Code Sections 18.2-36 and 18.2-36.1, respectively. These statutes distinguish between intentional acts leading to unlawful killing (voluntary manslaughter) and acts resulting in death due to recklessness or negligence (involuntary manslaughter). The severity of the penalties may depend on factors such as the level of negligence involved and the specific circumstances of the case.
Drug Offenses
Common drug offenses include:
Drug Possession
Drug possession offenses, as defined under Virginia Code Section 18.2-250, involve knowingly and unlawfully having controlled substances or illegal drugs in one's possession. The specific substances covered and the penalties can vary based on the classification of the drug and the amount in possession.
Drug Distribution and Possession with Intent to Distribute
Virginia Code Section 18.2-248 addresses offenses related to the distribution and possession with the intent to distribute controlled substances. The statute involves the sale, delivery, or transfer of controlled substances to another person. This offense is distinct from simple possession and involves the intent to distribute drugs to others. Possession with intent to distribute occurs when an individual is found in possession of controlled substances, and there is evidence suggesting an intent to distribute, such as the presence of scales, packaging materials, or a large quantity of drugs.
Distribution charges are typically more severe than possession charges. Penalties may include fines, probation, mandatory drug education or treatment programs, and imprisonment. The severity of penalties can vary based on factors such as the type and quantity of the controlled substance.
Drug Manufacturing
Virginia Code Section 18.2-248.02 refers to the process of producing controlled substances, including illegal drugs, prescription medications, or synthetic substances.Drug manufacturing laws often apply to a wide range of controlled substances, including but not limited to illegal drugs, prescription medications, and synthetic drugs. Possession of certain chemical precursors or equipment commonly associated with the manufacturing process may also be treated as evidence of intent to manufacture controlled substances.
White-Collar Crimes
Common white-collar crimes under Virginia law include:
Embezzlement
This offense involves the wrongful conversion or misappropriation of funds or property that have been entrusted to someone in a position of trust. This can include situations where an employee or someone with fiduciary responsibilities unlawfully takes or uses funds for personal gain. The penalties for embezzlement under Virginia Code Section 18.2-111 can include fines, restitution, probation, and imprisonment. The severity of penalties may depend on factors such as the amount embezzled and whether the offender has a history of embezzlement.
Identity Theft: Virginia Code Section 18.2-186.3
Identity theft involves the unauthorized use of another person's personal information, such as their name, Social Security number, or financial account information, with the intent to commit fraud or other unlawful activities. Penalties for identity theft in Virginia can include fines, restitution, probation, and imprisonment. The severity of penalties may depend on factors such as the extent of the unauthorized use and the harm caused to the victim.
Money Laundering: Virginia Code Section 18.2-246.3
Money laundering involves engaging in financial transactions to conceal the true source of illegally obtained funds, making them appear to come from legitimate sources. Penalties for money laundering in Virginia can include fines, restitution, probation, and imprisonment. The severity of penalties may depend on factors such as the amount of money involved and the intent of the accused.
Traffic Offenses
Here is an overview of the common traffic offenses in Virginia:
Reckless Driving: Virginia Code Section 46.2-862
Reckless driving in Virginia, under Section 46.2-862, involves driving a vehicle at a speed or in a manner that endangers life, limb, or property. The statute is commonly used for cases involving excessive speed. Reckless driving in Virginia, under Section 46.2-862, involves driving a vehicle at a speed or in a manner that endangers life, limb, or property. The statute is commonly used for cases involving excessive speed.
DUI/DWI (Driving Under the Influence/Driving While Intoxicated): Virginia Code Section 18.2-266
Virginia Code Section 18.2-266 prohibits driving or operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both to an extent that impairs one's ability to drive safely. Virginia has specific BAC limits to determine DUI. If a driver's blood alcohol content is 0.08% or higher, they are presumed to be under the influence. Enhanced penalties may apply for individuals with a higher BAC (e.g., 0.15% or higher).
Hit and Run: Virginia Code Section 46.2-894
The statute outlines the duty of a driver involved in an accident to immediately stop at the scene of the accident or as close to it as possible. If the accident involves injury to or death of any person, or damage to a vehicle or other property, the driver must report the accident to the nearest law enforcement agency as soon as possible. The severity of penalties may depend on factors such as the extent of property damage, injuries, or fatalities resulting from the accident.
Vehicular Manslaughter: Virginia Code Section 18.2-36.1
Vehicular manslaughter involves causing the death of another person due to negligent or reckless driving. Vehicular manslaughter is a criminal offense, and if convicted, the penalties may include fines, probation, mandatory education or treatment programs, and imprisonment. The severity of penalties may depend on factors such as the level of negligence, recklessness, or intoxication involved.
Weapons Offenses
Below are some of the common weapon offenses:
Illegal Possession: Virginia Code Section 18.2-308.2
This statute outlines the conditions under which firearm possession may be considered illegal and the associated penalties. The statute outlines specific categories of individuals who are prohibited from possessing firearms. These may include individuals convicted of a felony offense, individuals subject to certain protective orders, and individuals convicted of certain misdemeanor offenses, such as domestic violence-related offenses, may be prohibited from possessing firearms.
Carrying a Concealed Weapon: Virginia Code Section 18.2-308
Carrying a concealed weapon without a valid permit is prohibited under Virginia law. The statute outlines the circumstances under which carrying a concealed weapon without a permit may be unlawful. The prohibition may extend beyond handguns to other concealed weapons, depending on the specific circumstances. However, exceptions may be exceptions outlined in the statute, such as exemptions for law enforcement officers or individuals engaged in certain activities.
Reckless Handling of Firearms: Virginia Code Section 18.2-56.1
Reckless handling of firearms is a specific offense addressed under Virginia Code Section 18.2-56.1. This statute prohibits the careless or reckless handling of firearms in a manner that endangers the safety of oneself or others. Penalties for reckless handling of firearms may include fines and imprisonment in more severe cases.
Possession of Firearms During Certain Offenses: Virginia Code Section 18.2-308.4
Virginia Code Section 18.2-308.4 addresses the possession of firearms during certain offenses, such as drug offenses or crimes of violence. This statute enhances penalties for individuals found in possession of firearms while engaged in criminal activities.
Sexual Offenses
Sexual offenses are among the most common criminal charges in Virginia. Some of these offense include:
Rape: Virginia Code Section 18.2-61
Rape, the most severe sexual offense, is explicitly addressed under Virginia Code Section 18.2-61. This statute defines rape as the unlawful and forcible penetration of the victim. Virginia law categorizes rape into different degrees based on factors such as the use of weapons or the relationship between the offender and the victim. Penalties for rape are severe, reflecting the gravity of the offense and the lasting impact it has on survivors.
Sexual Assault: Virginia Code Section 18.2-67.4
Virginia Code Section 18.2-67.4 generally covers offenses related to sexual assault, including the offenses of rape, object sexual penetration, and forcible sodomy. The specific language of the statute outlines definitions, elements of the offenses, and penalties. Sexual assault offenses include rape, object sexual penetration, and forcible sodomy. Aggravated sexual battery, a related offense, is addressed under Virginia Code Section 18.2-67.3. This offense involves sexual abuse or penetration of a victim under certain circumstances, such as force, threat, or incapacitation.
Indecent Exposure: Virginia Code Section 18.2-387
Virginia Code Section 18.2-387 prohibits indecent exposure, which involves intentionally exposing one's genitals in a public place or in a place where others are present and have a reasonable expectation of privacy. The key elements include the intentional exposure of genitals and the location being a public place or a place where others have a reasonable expectation of privacy. Indecent exposure is generally considered a Class 1 misdemeanor in Virginia. A Class 1 misdemeanor is punishable by up to 12 months in jail and/or a fine.
Child Pornography: Virginia Code Section 18.2-374.1:1
Virginia Code Section 18.2-374.1:1 criminalizes the production, distribution, and possession of child pornography. The statute includes provisions related to explicit visual material involving minors. Child pornography offenses are considered serious crimes, and the penalties can be severe. The penalties may vary based on factors such as the age of the minor involved and the nature of the offense. Penalties can include imprisonment, fines, and registration as a sex offender.
Domestic Violence
There are different offenses listed under domestic violence laws in Virginia. These offenses include
Assault and Battery on a Family Member: Virginia Code Section 18.2-57.2
Virginia Code Section 18.2-57.2 addresses assault and battery offenses committed against a family or household member. The statute includes provisions related to the use of force against individuals with certain familial or household relationships. Assault and battery against a family or household member is classified as a Class 1 misdemeanor. Penalties for a Class 1 misdemeanor in Virginia may include imprisonment for up to 12 months and/or a fine.
Protective Orders: Virginia Code Section 16.1-279.1
Virginia Code Section 16.1-279.1 provides a legal framework for obtaining protective orders in cases of family abuse. Protective orders are court orders designed to protect individuals from further acts of violence, force, or threat and to prevent contact between the alleged abuser and the victim. There are different types of protective orders available under this section, including Emergency Protective Orders (EPOs), Preliminary Protective Orders (PPOs), and Permanent Protective Orders (PPOs).
Stalking: Virginia Code Section 18.2-60.3
Virginia Code Section 18.2-60.3 defines stalking as a pattern of conduct with the intent to place another person in reasonable fear of death, criminal sexual assault, or bodily injury to that person or to that person's family or household member. Stalking is classified as a Class 1 misdemeanor. Penalties for a Class 1 misdemeanor in Virginia may include imprisonment for up to 12 months and/or a fine. Under certain circumstances, stalking may be elevated to the charge of aggravated stalking, which is a Class 6 felony.
Cyber Crimes
Here are common cyber crimes in Virginia.
Computer Crimes: Virginia Code Section 18.2-152.1
Virginia Code Section 18.2-152.1 defines computer crimes as a range of offenses related to unauthorized access, modification, or disruption of computer systems and networks. This statute addresses activities such as hacking, computer intrusion, and the dissemination of malicious software. Penalties vary based on the severity of the offense, emphasizing the importance of safeguarding the integrity of digital infrastructure.
Identity Theft: Virginia Code Section 18.2-186.3
Virginia Code Section 18.2-186.3 defines identity theft as the unauthorized use, possession, or distribution of someone else's personal identifying information with the intent to defraud or facilitate any criminal activity. The statute broadly defines personal identifying information, which may include: Social Security numbers, driver's license numbers, bank account information, credit card numbers, personal identification numbers (PINs), and biometric data. Identity theft is generally classified as a Class 1 misdemeanor. Penalties for a Class 1 misdemeanor in Virginia may include imprisonment for up to 12 months and/or a fine.
Find a Gainesville Criminal Defense Attorney Near Me
If you are facing an arrest and criminal charges, it is crucial to reach out to an experienced criminal defense attorney as soon as possible. At Virginia Criminal Attorney, we understand the gravity of facing criminal charges, and we are here to provide legal support to protect your rights and advocate for your best interests. Our experienced Gainesville criminal defense attorneys are well-versed in Virginia laws and can guide you through the complexities of the legal system. Call us today at 703-718-5533.
