Criminal Defense Attorney Vienna, VA
A crime is defined as participation in certain behaviors that are punishable under the law. Whether an action is considered a crime is determined by the federal and state criminal codes. Ignorance of the law is not a legitimate defense when facing criminal charges.
If you have been charged with a crime, you may feel terrified and overwhelmed. Criminal cases not only puts your freedom at stake, but creates huge obstacles for daily life. A criminal record can create difficulty finding gainful employment, housing, loans or credit cards. If you are currently facing a criminal charge, hiring an experienced Vienna criminal defense attorney can help.
Finding local legal representation can be one of the best ways to secure an acquittal or negotiate a fair plea agreement. A Vienna, VA criminal lawyer is more likely to know the police officers, judges and prosecutors that may be involved with your criminal case. They will also have an intimate knowledge of local court rules and trial procedures.
Gretchen Taylor Pousson and Matthew Kensky at Scrofano Law PC have over 50 years of combined experience defending criminal cases and making local connections. They will work hard to represent your interests.
Classification of Crimes in Virginia
All criminal offenses in the Commonwealth of Virginia are classified into misdemeanors and felonies. Both misdemeanor and felony cases can result in fines and incarceration.
Misdemeanor Crimes and Penalties
For the purpose of sentencing and punishment, Va. Code Section 18.2-9, categorizes misdemeanors into four classes. Class 1 misdemeanors are the most severe and Class 4 misdemeanors are the least.
If you are convicted of a misdemeanor, you can expect the following penalties:
- Class 1 – Punishable by jail time of up to 1 year and a fine of not more than $2,500.
- Class 2 – Punishable by up to 6 months in jail and a fine of up to $1,000.
- Class 3 – Punishable by fines of not more than $500.
- Class 4 – Punishable by fines of not more than $250.
Violating civil protection orders, simple assault, DUI, public intoxication, and reckless driving are examples of misdemeanor offenses in Virginia.
Felony Crimes and Penalties
A felony is a serious crime punishable by more than 12 months of imprisonment in a state prison. The severity of a felony is also separated into classes, ranging from Class 1 to Class 6. Class 5 and Class 6 felonies are considered “wobblers.” That means these crimes can be prosecuted as either misdemeanors or felonies, depending on the circumstances of the offense.
If you are convicted of a felony, you can expect the following penalties:
- Class 1 – Punishable by life in prison and up to $100,000 in fines.
- Class 2 – Punishable by 20 years to life in prison and up to $100,000 in fines.
- Class 3 – Punishable by 5 to 20 years in prison and up to $100,000 in fines.
- Class 4 – Punishable by 2 to 10 years in prison and up to $100,000 in fines.
- Class 5- Punishable by 1 to 10 years in prison or, if treated as a misdemeanor, up to 12 months in jail and a fine of up to $2,500.
- Class 6 – Punishable by 1 to 5 years in prison, or, if treated as a misdemeanor, up to 12 months in jail and paying a fine of up to $2,500.
Murder, homicide, robbery with a deadly weapon, burglary, human trafficking, and involuntary manslaughter are examples of felony offenses in Virginia.
Virginia has one of the lowest thresholds in the U.S. to make a felony out of a theft case, and you can face felony charges if you take an item worth at least $5 from a person directly.
Having an experienced Vienna criminal defense lawyer by your side is crucial if you are facing criminal charges. A criminal defense attorney will represent you at trial, provide you with legal advice, and explore your defense options.
Wobbler Crimes
Wobbler crimes in Virginia represent a unique category in the criminal justice system where prosecutors have discretion in how to charge the offense. These Class 5 and Class 6 felonies can be prosecuted as either felonies or misdemeanors, depending on factors such as the defendant’s criminal history, the severity of the offense, and the prosecutor’s judgment.
Common Class 5 wobbler offenses include first-time drug possession, certain larceny charges when the value is between $1,000 and $1,500, involuntary manslaughter, and identity theft. Class 6 wobblers typically include animal cruelty, possession of burglary tools, and some fraud-related crimes.
The prosecution’s decision to pursue these charges as felonies or misdemeanors can dramatically impact sentencing outcomes and your future. A skilled Vienna criminal defense attorney can often negotiate to have wobbler crimes reduced from felonies to misdemeanors, potentially saving you years of incarceration and the lifelong consequences of a felony conviction.
Why Do You Need a Vienna, VA Criminal Defense Lawyer?
Vienna is located in Fairfax County, in Northern Virginia. It is also part of the suburban ring of Washington, D.C. With its proximity to D.C. and various amenities, Fairfax County continues to draw in people. Some of the most common crimes charged in the Vienna area are traffic offenses.
No matter the seriousness or circumstances of the offense, if you are arrested or charged with a crime, you have a constitutional right to counsel. Asserting that right can help to secure a positive outcome for your criminal case. An experienced criminal defense attorney will not only represent your interests, but will help you navigate arrest and trial procedures.
Court Procedure
It’s important to note that the Virginia criminal justice system is different than other states’. If you were charged with a crime in Vienna, your criminal case will be heard in the courts of Fairfax County.
Depending on the circumstances of your arrest and the charges, your criminal case may be heard before the Fairfax County General District Court or the Fairfax Circuit Court. The Fairfax County Juvenile Domestic and Relations Court hears cases that involve crimes of domestic violence and crimes involving juveniles.
Resolving a criminal charge in Fairfax County will take at least two court dates. Felonies often involve more hearings than misdemeanors and can result in a jury trial. Your legal counsel will explain court procedures, local trial rules and what to expect.
How Can Scrofano Law PC Criminal Defense Attorneys Help?
All individuals charged with a crime are guaranteed certain constitutional and legal rights throughout the criminal process. You have the right to remain silent, as well as the right to legal representation.
The criminal defense lawyers at Scrofano Law PC serve clients in the Vienna area and across northern Virginia. We provide advice and legal services on a variety of criminal matters. Our Vienna criminal defense team has experience representing clients charged with:
- Reckless driving;
- DUI;
- Hit-and-run;
- Assault;
- Drug possession;
- Sex crimes;
- Prostitution;
- Theft; and
- Domestic violence.
Criminal defense lawyers can help protect your legal rights, represent you at trial and craft a strong defense to secure the best possible outcome.
Facing Criminal Charges in Vienna, VA? Contact Scrofano Law PC
Life can take unexpected turns and anyone can find themselves in need of an experienced criminal defense attorney. A skilled Virginia criminal defense lawyer will provide you with legal guidance, advice and help you raise a defense.
The experienced criminal defense attorneys at Scrofano Law PC are here to help. We will handle your matter quickly, thoroughly and professionally, ensuring that your legal rights are protected during interactions with the police, prosecution and courts.
If you have been arrested and are facing criminal charges, contact the Vienna criminal defense attorneys at Scrofano Law PC today for a consultation.
