Classification of Crimes in Virginia
As per Section 18.2-9 of the Code of Virginia, crimes are categorized as misdemeanors or felonies. Each category is further divided into different classes punishable by varying degrees of penalties.
Misdemeanors
Misdemeanors are typically less severe and punishable by up to a year in jail and a potential fine.
For instance, driving under the influence (DUI) is a Class 1 misdemeanor. If convicted, an individual can face up to one year in jail, a fine not exceeding $2,500, or both. Aggressive driving, conversely, is a Class 2 misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. Convictions for Class 3 and 4 misdemeanors typically include only fines.
Felonies
The imprisonment term for a felony ranges from a year to imprisonment for life. Moreover, hefty fines of up to $100,000 can be imposed for Class 1, 2, 3, or 4 felony convictions.
For instance, a Class 1 felony, such as aggravated murder, is punishable by life imprisonment. First-degree murder and armed bank robbery are classified as Class 2 felonies. If convicted of these felony charges, a person may face life imprisonment or a prison term of not less than 20 years.
A Class 3 felony, like burglary, is punishable by 5 to 20 years in prison, while a Class 4 felony, such as forgery of public documents, is punishable by 2 to 10 years in prison.
Class 5 and Class 6 felonies can be prosecuted as either misdemeanor or felony crimes, depending on the circumstances of the case.
Retaining Legal Representation
You may waive the right to legal counsel, but that may not be a good idea. If you can’t afford an attorney, the court may appoint one. Although they are professionals, their caseloads are often excessive. That means your case may not get the attention it deserves. However, if you hire a reputable criminal defense attorney, their primary goal will be to work tirelessly to build a strong defense in your favor.
Analyzing the Case
Once we have all the facts, we plan a legal strategy to achieve the most favorable outcome. We know the process and who the judges and the prosecutors are. We can guide the client in deciding whether to proceed with the trial or negotiate a plea deal. We also understand what defenses and arguments may work effectively if the case proceeds to trial.
Representation in Court
Gretchen Taylor Pousson and Matthew Kensky are the core of our Virginia legal team. Gretchen and Matthew are passionate defense attorneys capable of aggressive representation. As experienced trial attorneys, they understand both sides of the courtroom and can anticipate the prosecution’s moves while creating an impenetrable defense strategy.
Raising Doubt in the Prosecution’s Case
Just because you are arrested or charged with a criminal offense doesn’t mean you are guilty. You can’t be considered guilty until your guilt is proven in court. The prosecution’s job is to provide evidence to determine your guilt beyond reasonable doubt. That is one of the highest standards of proof in criminal law. However, our criminal lawyers can introduce new evidence, present alternative explanations for the prosecution’s evidence, or challenge the credibility of witnesses. These actions can raise questions about your guilt.
Scrofano Law PC Practice Areas
Ashburn is part of a commuter region due to its proximity to Washington, D.C. Reckless driving and DUI offenses are common in such heavy traffic areas. In addition to DUI cases and traffic matters, Scrofano Law PC criminal defense attorneys may also assist clients with the following criminal cases:
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Assault
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Drug Offenses
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Hit-and-Run
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Indecent Exposure
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Prostitution
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Theft





