Facing an arrest and criminal charges for violating Virginia law can be nerve-wracking. Depending on the specific statute that you violated, you could face felony or misdemeanor charges. Prosecutors in Virginia can file charges for a wide variety of offenses, including sex crimes, theft crimes, violent crimes, and drug crimes, among others.

When you face charges for these offenses, the prosecution will fight to prove your liability for the offense beyond a reasonable doubt for a chance at a conviction. The consequences of a criminal conviction in Virginia go beyond incarceration and fines. After serving your sentence, the conviction will enter your criminal record and can impact multiple aspects of your life for years.

Therefore, you will benefit from the guidance of a knowledgeable defense attorney. At Virginia Criminal Attorney, we understand a criminal conviction's impact on your freedom and life. Our Stafford attorneys will offer the legal insight you need to protect your constitutional rights and build a solid defense against your charges.

Sex Crimes

Under Virginia law, sex crimes are offenses that have a sexual element to them. Since most of these offenses are violent and are committed against vulnerable victims, prosecutors charge them as felonies. This results in harsh criminal and collateral consequences after a conviction. Common sex crimes with which you could be charged in Virginia include:

Rape

Virginia Code 18.2-61 makes it a crime to engage in sexual intercourse with another person against their will. The prosecution must prove one of the following factors beyond a reasonable doubt before your conviction for rape:

  • You used threats, force, or violence to engage in sexual intercourse with the alleged victim.
  • You engaged in sexual intercourse with a physically or mentally incapacitated victim.
  • You engaged in sexual intercourse with a child thirteen years of age or younger.

Rape is a serious felony punishable by a prison sentence of up to twenty-five years. Additionally, you may be required to register as a sex offender for a lifetime. Being a registered sex offender will not only ruin your reputation but can also ruin your career by dimming your employment prospects.

Forcible Sodomy

Under VA Code 18.2-67.1, forcible sodomy occurs when you engage in cunnilingus, annullingus, or anal intercourse with another person against their will. You can be found guilty under this statute if the prosecution proves beyond a reasonable doubt that you used force, fear, or intimidation to engage in anal intercourse with another person.

Forcible sodomy is a felony that could see you face a sentence ranging from five years to life imprisonment. The age of the alleged victim and the amount of force you used against them will significantly determine the length of your sentence.

In addition to incarceration, a conviction for forcible sodomy will result in mandatory sex offender registration.

Child Pornography

You commit a crime of child pornography for the possession, production, and distribution of pornographic images or videos depicting minors. Most child pornography charges involve pictures and videos on the internet. Often, law enforcement officers will launch sting and undercover operations to get to individuals who convince minors to engage in child pornography.

Before you face a conviction for child pornography, the prosecution must prove that you knowingly:

  • Posed images or videos of child pornography
  • Distributed pornographic material involving minors on the internet
  • Made or convinced a minor to make child pornography

Child pornography is a felony punishable by a sentence ranging from two to twenty years, depending on the circumstances of the case.

Aggravated Sexual Battery

Sexual battery is the unlawful touching of another person’s intimate parts for sexual abuse or gratification without their consent. You will be charged with aggravated sexual battery under Virginia Code 18.2-67.3 if you commit sexual battery under the following circumstances:

  • The victim is a child under thirteen years old.
  • The victim of your acts was mentally or physically incapacitated.
  • You are the parent or stepparent of the alleged victim.
  • You committed the act using force, violence, or intimidation.

Aggravated sexual battery is a felony punishable by a maximum of twenty years in prison and fines that do not exceed $100,000. Unfortunately, incidents of aggravated sexual battery occur in family settings. Therefore, the minor could be removed from your custody after a conviction for this offense.

Taking Indecent Liberties with a Minor

You could be charged with the crime of taking indecent liberties with a child if you engage in the following acts:

  • Exposing your genitals to a minor
  • Causing a child to expose their genitals to you
  • Fondling a child’s sexual organs
  • Causing a child to fondle your sexual organs
  • Asking a minor to perform a sexual act on you

If you are over eighteen years old and engaged in these acts with a child under fifteen years old, you could be charged with a class five felony. A felony conviction for taking indecent liberties with a child in Virginia is punishable by a ten-year prison sentence and a maximum of $2500 in fines. Your fines could increase up to $100,000 for repeat offenders.

Drug Crimes

Virginia law regulates the use, possession, and sale of certain drugs and substances in the state. If you face charges and a conviction for a drug crime, you risk facing severe legal and collateral consequences. Therefore, you must have a reliable Stafford criminal defense lawyer to guide you through your case. Some of the drug crimes with which you could be charged under Virginia law include:

Possession of a Controlled substance

It is illegal to possess a controlled substance in Virginia. The prosecution must prove that you possessed or controlled the substance before your conviction. Additionally, your knowledge of its nature and presence must be clear.

Possession of a controlled substance can be charged as a felony or a misdemeanor, depending on the nature and quantity of the substance you possess.

Transportation of a Controlled Substance

You can be charged under VA Code 18.2-248.01 if you transport a controlled substance with the intent to sell it. Charges under this statute will be filmed if you transport up to one ounce of a Schedule I or II controlled substance. Transportation of a controlled substance for sale is a felony punishable by up to forty years in prison.

Possession of Marijuana

Although marijuana for medical and recreational use is legal in Virginia, state laws regulate the amount you can possess and how you can obtain it. If you knowingly possess marijuana or obtain it from unauthorized means, you can be arrested and charged under VA code 18.2-251. For a first offense, obsession with marijuana is punishable by a jail sentence of up to thirty days and a $500 fine.

Violent Crimes

Violent crimes are offenses that involve a sudden event or a long history of mistreatment that results in severe injuries or death to a victim. If you are charged with a violent offense in Virginia, you will need a Stafford criminal defense attorney to help you fight the charges and protect your rights in the criminal process. Violent crimes include:

Kidnapping

You commit a crime of kidnapping or abduction under VA code 18.2-47 if you use force, violence, or intimidation to take another person and move them against their will. You will be found guilty of this offense if the prosecution can prove your intent to deprive the alleged victim of their liberty and freedom.

Kidnapping is charged as a class 5 felony, and a conviction for the offense will result in a penalty of ten years in prison and a $2,500 fine. If you take your minor child without the other parent’s consent or against the court's orders, you can be charged with parental abduction, which is a misdemeanor. A conviction for parental kidnapping is punishable by a year in jail.

Murder

Murder is the unlawful killing of another person with a malice afterthought. You can be arrested and charged with murder if you cause death to another person after premeditation. Murder can be charged as first- or second-degree murder, depending on the circumstances. You commit the crime of first-degree murder through torture, poisoning the victim, or lying in wait.

Additionally, you could be charged with first-degree murder if the victim’s death occurred during the commission of a violent felony like arson, robbery, or arson. Any other form of killing that does not fall under first-degree murder will be charged as second-degree murder.

Murder is one of the most serious crimes with which you could be charged under Virginia law. A murder conviction can result in a prison sentence of fifteen years to life.

Robbery

VA Code 18.2-58 defines robbery as taking property from another person’s immediate presence without their consent. To obtain a conviction against you under this statute, the prosecution must prove the following elements:

  • You took property from another person.
  • You took the property in the immediate presence of the victim.
  • You used force, violence, or intimidation to take away the property.
  • You acted with the intent to deprive the victim of the property.

A conviction for robbery is punished with a prison sentence of five years to life. If you used a firearm to commit the robbery, the court will impose a minimum mandatory sentence.

Involuntary Manslaughter

Virginia law defines involuntary manslaughter as the accidental killing of another person. You would be charged with manslaughter if you caused another person’s death while committing an unlawful act that is not a felony or a lawful act committed unlawfully. The following situations would result in involuntary manslaughter charges:

  • You discharge a firearm in an open crowd, causing another person’s death.
  • You caused an accident while intoxicated, and the accident caused the victim's death.

If you engage in grossly negligent conduct and cause another person’s death, you can be charged with aggravated manslaughter. Involuntary manslaughter is punishable by a sentence not exceeding ten years. Unlike voluntary manslaughter, there is no mandatory minimum sentence after an involuntary manslaughter conviction.

Theft Crimes

Theft involves taking another person’s property without their consent. Under Virginia law, theft can be classified as grand larceny or petty theft, depending on the circumstances. Grand theft involves the unlawful taking of property worth $1000 or more, while petit larceny involves the unlawful taking of property worth $1000 or less.

Common theft crimes under Virginia law include:

Shoplifting

Under Virginia Code 18.2-103, shoplifting is a form of larceny that involves taking property or changing the price tag of goods in a retail store. The prosecution must prove that you acted with the intent to deprive the owner of the items before your conviction. Shoplifting is a misdemeanor punishable by a jail sentence of up to six months and up to $2500 in fines.

Carjacking

You can be arrested and charged with carjacking for forcefully taking away another person’s vehicle in their immediate presence. You can be found guilty of carjacking if you obtain control or possession of the vehicle in the immediate presence of the victim. Additionally, evidence should show that you used force, threats, or intimidation to accomplish the crime.

Under Virginia law, carjacking is a felony, and a conviction for the offense will attract a prison sentence of up to fifteen years.

Receiving Stolen Property

Virginia Code 18.2-108 makes receiving or concealing stolen property a crime. You can be found guilty of violating this statute if the prosecution proves that you concealed or received goods that you knew were stolen. This means that the items were taken without the owner’s consent. Receiving stolen property is a misdemeanor, which could mean you spend up to one year in jail.

Driving Crimes

Driving offenses are crimes you commit while operating a motor vehicle in Virginia. These offenses could range from minor infractions like making illegal turns and failure to yield to severe felonies like vehicular homicide. A conviction for a serving offense will not only see you spend time behind bars but can also result in a suspension or revocation of your driver’s license. Common driving offenses under Virginia law include:

Driving Without a License

Virginia Code 46.2-300 makes it a crime to operate a vehicle on the highways in the state without a valid driver’s license. This law only makes exceptions for the following:

  • Individuals operating tractors and farm equipment
  • Active-duty military members
  • Visiting non-residents with a valid license from their state

For first-time offenders, driving without a license is a misdemeanor punishable by up to six months in jail and fines not exceeding $1,000.

Driving on a Suspended License

If your driver’s license has been suspended or revoked by the Department of Motor Vehicles, you should not operate a vehicle on the highways in the state. The DMV can suspend your license for a wide variety of reasons, including reckless driving, drunk driving, and vehicular homicide. The license suspension period will vary depending on the nature of your violation.

For a first offense, driving on a suspended or revoked license is a misdemeanor punishable by a year in jail and fines that do not exceed $2500. For subsequent offenses within ten years, the prosecution can file felony charges against you. For a felony conviction, the court will impose a minimum mandatory sentence, which you must serve before being eligible for a release.

Driving Under the Influence of Alcohol or Drugs

Under Virginia law, drunk driving involves operating a vehicle while intoxicated with alcohol or drugs. DUI is a serious offense that attracts harsh penalties with each subsequent offense. A driver is considered impaired if their blood alcohol content is 0.08% at the time of driving or their driving conduct is impaired by alcohol use.

Intoxication could be from alcohol or other drugs. The use of drugs that could impair your cognitive abilities before driving can promote an arrest and a charge for DUI. For drivers under 21 years old, the legal BAC limit is 0.02%. Therefore, driving with a blood alcohol content that is higher than this could result in charges for underage DUI.

DUI is a misdemeanor whose conviction can result in a jail sentence of up to one year and fines of up to $2500.

Vehicular Manslaughter

You can be arrested and charged with vehicular manslaughter if you cause the death of another person while operating a motor vehicle. Before you face a conviction for vehicular manslaughter, the prosecution must prove that you were operating a motor vehicle and drove recklessly, causing the death of another person.

Vehicular manslaughter is a class 5 felony punishable by a prison sentence of up to ten years. If you face charges for vehicular homicide, you will benefit from the insight of a Stafford criminal attorney.

Hit and Run

If you are involved in an accident that causes property damage or injuries in Virginia, you must stop and help the injured parties or provide your information. Failure to do this could result in an arrest and a criminal charge for hit-and-run.

Under Virginia Code 46.2-894, leaving an accident scene after property damage is a class 5 misdemeanor punishable by a year in jail and up to $1,000 in fines. However, if you cause injuries or death to a victim in a hit-and-run, you will face a class 6 felony, which attracts a prison sentence of up to five years and minimum fines of $2,500.

Find a Reliable Criminal Defense Lawyer Near Me

The stakes are high for defendants facing criminal charges in Virginia. A conviction can land you behind bars for decades and cost you thousands of dollars in fines. Additionally, the conviction will be open to public access, which can impact your personal and professional lives.

You could be charged with a crime for many reasons, including mistaken identification, false allegations, mistake of facts, and poor judgment. Regardless of the circumstances that led to your arrest and charges, you must understand the facts of your case and be prepared to put up a defense.

Whether you are charged with a simple misdemeanor like shoplifting or a serious felony like murder, hiring and retaining a competent defense attorney will go a long way for you. Your attorney will help you build a solid defense and secure a favorable outcome in your case.

If you are arrested and charged with a crime in Stafford, VA, you will benefit from our top-notch legal guidance and representation at Virginia Criminal Attorney. Contact us at 703-718-5533 for much-needed legal insight.