Misdemeanor Charges

Misdemeanor charges can still result in significant fines, a lengthy jail sentence, or obtaining a criminal record, even though they are less severe compared to felony charges. A criminal record can result in far-ranging severe effects for people, from negatively impacting their eligibility to different employment opportunities, loans, and academic programs, to affecting their relationships. Community and restitution requirements are also possibilities for those faced with misdemeanor charges. Like with felony cases, the degree of punishment imposed will depend on which misdemeanor classification is involved. It varies depending on the seriousness of the specific crime. A few potential penalties include a jail sentence that does not exceed 12 months or a fine that does not exceed $2,500.

Numerous advantages come with hiring a professional defense attorney to defend you against felony or misdemeanor charges. To avoid spending jail time, an experienced attorney can develop a strong defense strategy that can get you acquitted of the charges you are facing. Your case may be thrown out, or your lawyer can negotiate a favorable plea agreement for you. In addition, your attorney will work hard to reduce the severity of your penalties if a conviction is highly likely. There is a wide range of misdemeanor charges, from underage drinking and disorderly conduct to stalking.

Assault Crimes

Using force or threatening can result in a victim being reasonably afraid they might be harmed or suffer offensive contact constitutes assault. An assault crime may file as a civil offense, referred to as a criminal charge or tort. When hurtful or offensive contact accompanies assault, it is considered assault and battery.

Punishment for assault is defined under the Code of Virginia in Title 18.2, Chapter 4, Section 18.2-57. The Code breaks down the sentence into different categories, from assaulting an officer, an educator, or a health care provider to direct assault and assault and battery cases. Possible assault conviction penalties include jail time not to exceed 12 months or a fine that does not exceed $2,500. In addition, domestic violence is an act that is classified as assault-related.

Reckless Driving Charges

If you are caught driving faster than the road conditions or weather allow or just diving at an extremely high speed on roads in Virginia, you might be faced with a reckless driving charge. This type of charge can result from an officer considering your driving wanton, willful disregard for other drivers on the road. Reckless driving carries a more severe punishment than general traffic violations. The criminal conviction is a Class 1 misdemeanor and a criminal offense in Fairfax, Virginia, which may consist of a $2,500 maximum fine along with a maximum 1-year jail term.

Defendants from other areas of the country might not know how serious reckless driving charges are. Therefore, the jury or court may impose a lesser punishment. However, any person who has been convicted of a reckless driving charge during the suspension or revocation of their driver’s license, and the corruption caused a fatality; this individual will be faced with a Class 6 felony as an involuntary manslaughter charge – with a 1-5 year maximum prison sentence.

Criminal Gun Charges 

The right to bear arms is protected under the US constitution. However, whenever a gun owner is deemed to have violated the basic principles of owning firearms, their right can be revoked.  

The Commonwealth of Virginia recognizes gun offenses include a convicted felon possessing a firearm, carrying a concealed firearm without a permit, and a felony committed with a gun. If you fail to register your firearm as a gun owner, you run the risk of having gun charges brought against you as well as the severe penalties that can result from these charges. The Code of Virginia covers Gun-related charges in Chapter 7 Title 18.2 Section 18.2-279 to 18.2-311.  

Other acts associated with gun offenses include:

Brandishing a firearm in public.

• Carrying a firearm into a prohibited space like a courthouse or school.
• Intentionally discharging a firearm in public.

In addition to fines that amount to thousands of dollars, misdemeanor or felony gun crime-associated convictions can result in potentially spending many months in jail or even a longer prison sentence of more than one year. To get these penalties reduced, you need assistance from a Virginia criminal lawyer. 

Occasionally, even the most responsible firearm owners may find themselves facing criminal charges due to simple mistakes. Again, an experienced criminal attorney can help argue your case and be very helpful in these types of circumstances.  

Sex Crime Charges

A sex crime involves a sex act performed with an individual without their consent or a person who cannot give consent, as an individual with a disability or is mentally impaired. From sodomy and rape to sexual battery, a range of sex crimes are recognized by Virginia law. Also, sex crimes are despised by the public. Therefore, severe penalties with long-term effects are associated with such convictions. When faced with sex crimes charges, it is essential to have help from an experienced Virginia criminal attorney since the tasks usually involve long jail sentences and significant fines. For many who have been found guilty of a sex crime, the state also requires them to comply with Virginia’s registry for sex offenders.

Being registered in the sex offender registry might also be required on sex offenses not involving any physical contact type, such as stealing photographs of another individual – under Section 18.2-386.1. The Commonwealth has two major sex crime categories: sexual offenses and sexually violent offenses carrying greater punishments.

Across the state of Virginia, prostitution, solicitation, and other morality crimes that are closely related, although not technically considered to be sex crimes, are vigorously prosecuted rather than being classified as misdemeanors. These crimes are covered by Crimes Involving Decency in the Code of Virginia (Chapter 8, Title 18.2). Convictions for what are referred to as prostitution or “commercial sexual conduct” carry a jail sentence that cannot exceed one year or a fine not to exceed $2,500.

Solicitation (which is defined as offering to pay money in exchange for sexual favors) carries the same penalties/punishments as prostitution and is a Class 1 misdemeanor. However, an exception is made if a minor is involved in the solicitation. Depending on the minor’s age, penalties can include a 1-10 year prison sentence and a $2,500 fine.

Theft Crimes

There are three main theft charge categories in Virginia: larceny, robbery, and burglary. Robbery charges involve stealing something valuable either forcibly or violently, while larceny does not involve any force or violence. Burglary consists of a crime with several criminal acts committed simultaneously, like attempted theft or theft, along with the intent to commit an additional crime.

There are several different Larceny classes, including petit larceny, grand larceny, conspiring to commit larceny, and larceny with the intent to distribute. Although a jail sentence is not included with every conviction, a court intervention might impose a lesser penalty/punishment. For example, a 1 to 20-year jail sentence comes with a grand larceny conviction. A jail sentence to not exceed one year and a fine that does not exceed $2,500 may be imposed on a petit larceny conviction. Robbery is classified as a severe felony due to its violent nature. Therefore, a conviction will likely include a lengthy jail sentence, ranging from 5 years up to life imprisonment.

Good examples of other serious theft-related crimes are credit card, check, and federal fraud.

Drug Crimes

Virginia recognizes many different criminal offenses related to drug crimes, including distributing, manufacturing, and possessing illegal narcotics. Although drug crimes do not have flexible punishments, the type and amount of drugs involved play a significant role in determining each case’s details. To make it even worse, getting a drug offense put on your record will result in long-term adverse effects. For example, gun owners run the risk of being imprisoned along with getting hit with significant fines since some of these charges have mandatory prison sentences associated with them.

The applicable laws in Virginia also consider different drug classifications – as set out by the different controlled substances schedules – and the type and amount of drugs involved with every case. More information on the US Department of Justice website on controlled substances schedules. Under Virginia’s laws, cannabis (marijuana) has its own distinct, separate controlled substance category, although it is a Schedule I controlled substance.

Virginia DUI And Criminal Defense Lawyer

It’s strongly recommended that you seek legal advice from an experienced Virginia criminal attorney if you are faced with a misdemeanor or felony charge in the Virginia Commonwealth. Along with explaining the possible punishment you face, a Virginia criminal lawyer can guide you through the investigation and criminal court proceedings.

Your future can be affected when you have a criminal record. A criminal record may damage your personal and professional associations to impact your security clearance, limit your employment eligibility, academic opportunities, or financial assistance programs, or place your reputation into doubt in a custody case. The best chance that you have to protect your rights and avoid a jail sentence is to hire an experienced Leesburg, Virginia, criminal defense attorney who has a thorough and deep understanding of criminal and DUI offenses. Give us a call today to learn more about how we will approach your case.