Simple Assault, or Assault and Battery, is a Class 1 Misdemeanor in Virginia. A conviction carries a maximum possible sentence of up to 12 months in jail and a fine of up to $2500.00. It is considered a violent crime that will stay on your criminal record for life. Virginia law recognizes two distinct types of self defense: justifiable and excusable. Justifiable self defense exists when a person is entirely without fault in bringing on the conflict. Sometimes the prosecutor will agree to amend the charge to one of Disorderly Conduct, which does not carry the same stigma and violent association on a criminal record. In other cases, the most important part of the case may be the presentation of an effective mitigation argument to a sentencing judge, in order to keep you out of jail.

It is a crime to injure, attempt to injure, or threaten a member of your family or household. It is also a crime to violate a restraining order. In Virginia, a person commits family abuse (also called domestic violence) by committing any act against a family or household member that involves violence, force, or threats, and results in physical injury or places the family or household member in fear or injury or harm. Stalking can constitute family abuse. Family and household members include spouses, former spouses, parents, children, grandparents, grandchildren, siblings, in-laws who live in the same house, people who have children together, and people who live together or have lived together in the past year.

There is really no distinction. DUI, DWI, it’s all the same type of charge, and it’s really the same offense. If you have been stopped for, arrested for or charged with drunk driving, contact an attorney who has experience handling drunk-driving cases as soon as possible to discuss your options and rights. Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant’s experience and in the outcome of his or her case. As part of our drunk driving defense, we offer services including:

• First-offense DUI
• Repeat DUI, including previous felony cases based on out-of-state DUI or DWI convictions
• Accident-related felony charges such as DUI manslaughter or battery
• Driver’s license suspension hearings related to DUI
• Underage or commercial driver DUI cases with a blood alcohol level below .08 percent
• Serious traffic offenses such as hit-and-run or fleeing an officer
• Reckless driving or extreme speeding
• Driving on a suspended license

A Virginia federal criminal lawyer handles the defense of those whose alleged offenses are prosecuted not by the Commonwealth of Virginia, but by the United States government. Many crimes may be charged either in state court or in federal court. If an offense violates not only state law but also the United States Code, it is likely that the case will be tried by federal prosecutors. Conviction in federal court often yields more serious consequences than conviction of the same offense would merit in state court. Therefore, anyone facing these types of charges is urged to contact an attorney who is experienced in facing U.S. Attorneys in court.

Generally speaking, conviction rates in federal court are higher than in state court. This is because prosecutions are supported by investigation from highly specialized governmental agencies such as the Federal Bureau of Investigation (FBI) and the Drug Enforcement Agency (DEA). However, if one is tried in this court court, a conviction is by no means a foregone conclusion. With adequate defense from a skilled attorney, a defendant may successfully see a dismissal of the charges or an acquittal for the alleged crime. Even government agencies make mistakes, and a diligent defense attorney can uncover procedural and investigative missteps that may have led to the procurement of invalid evidence.

State and federal jurisdiction overlap for many serious felonies, and your options for most of them improve if they wind up charged as state crimes. We know how to give local and federal authorities sound reasons for keeping Virginia cases in the Virginia system. Nevertheless, we can help you develop and present a defense whenever necessary for a wide range of federal criminal charges in U.S. District Court:

• Money laundering
• Weapons offenses, most commonly felon in possession of firearm cases
• Fraud and white collar crimes like embezzlement or public corruption

Although you can’t always expect to get advance notice of a federal investigation before being charged, it’s a good idea to get defense counsel before the charges are formalized if you are aware of the possibility.

Kids make mistakes.  This is a normal part of growing up, which is known and understood by anyone who has experience raising children. Unfortunately, the Virginia criminal justice system is not always quite as understanding. Mistakes that are made by minors may still be considered criminal and as such, the juvenile may be subject to punishment upon conviction for the crime. This can have devastating consequences and have a lasting, negative impact on the child’s future. If your child is facing juvenile charges, take action immediately to ensure he or she is protected. You need to find a lawyer with specific experience representing teenages in juvenile court.

Virginia defines theft-related offenses into three general categories: larceny, robbery and burglary. In the Commonwealth, Robbery is a felony offense that requires someone to have committed a theft and also a crime of violence, or a threat of violence, to be sustained. According to Section 18.2-58, an individual may be found guilty of the offense of robbery if they rob a person of good or money through:

Violence, including choking, beating, striking, to the victim

Assault, such as putting the victim in fear of serious bodily harm

Threatening to use or brandishing a deadly weapon, such as a gun

Due to the serious nature of the crime and its general classification as a violent offense, robbery convictions can result in severe legal penalties ranging from five years to life in prison. Another violent theft-related offense is carjacking. According to the Commonwealth, carjacking is a more serious offense than robbery but it applies if the theft involved a person’s motor vehicle.

Many people assume the terms theft and robbery mean the same thing. That is not the case. As noted above, robbery is a serious felony offense that alleges violence or threats of great violence. Many theft-related charges, such as burglary and larceny, do not contain these alleged elements and are based upon other factors, such as the amount of money or value of the items stolen. In the Commonwealth, the crime of larceny is divided into two categories, grand larceny and petit (pronounced petite) larceny.

Shoplifting charges must be taken very seriously, even if it is only a first offense. A conviction for felony or misdemeanor shoplifting in Virginia will remain on your criminal record forever, and could leave you facing jail time, fines, and a variety of other negative consequences. A good shoplifting defense lawyer will first work to provide you with a choice between the best possible alternatives. Our experience criminal defense attorney defend against misdemeanor and felony theft and fraud charges in both state and federal court, including:

• Shoplifting

• Petty larceny and grand larceny

• Receiving or possession of stolen property

• Breaking and Entering