Posted on September 14, 2022 in Criminal Defense

Types of Felony Crimes in Virginia

Felony crimes in Virginia are more serious than misdemeanor crimes. Felonies carry more penalties than misdemeanors and may have life-altering consequences. There are 6 felony classes, with class 1 being the most serious and class 6 being the least serious. If convicted of a felony crime in Virginia, your firearm rights and voting rights will be affected. If the felony crime is sexual in nature, registration on the national sex offender registry will also be required. Below are some of the most common felonies our attorneys handle in Virginia.

Class 1 Felonies

Class 1 felony convictions in Virginia may result in the death penalty or life in prison. The maximum fine is up to $100,000. First-degree murder or aggravated murder are examples of class 1 felonies.

Class 2 Felonies

Class 2 felonies in Virginia are punishable by up to life imprisonment and a $100,000 fine. Second-degree murder, aggravated malicious wounding, armed burglary, armed bank robbery, and financially motivated kidnapping are all examples of class 2 felonies.

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 Posted on September 08, 2022 in Criminal Defense

In a recent opinion on a Virginia firearms case coming out of a Virginia appeals court, the defendant appealed his conviction of possession of a firearm after conviction of a nonviolent felony. On appeal, the defendant argued that the trial court erred in denying his motion to suppress evidence found during a 2019 search of his vehicle. The defendant claimed that Code §4.1-1302(A), which took effect in 2021, applied retroactively and rendered the evidence seized in 2019 inadmissible as evidence against him in his 2021 trial. Examining the evidence, the court of appeals disagreed, and affirmed the original conviction.

Facts of the Case

According to the opinion, on November 15, 2019, an officer of the City of Newport News Police Department stopped a sports utility vehicle because it had an expired registration. The defendant was the sole occupant of the vehicle, and while speaking with the defendant, the officer noticed the odor of marijuana coming from the car. Based on the odor of marijuana, the officer performed a search of the vehicle and subsequently found a revolver. The defendant admitted that the revolver was his. As the defendant had a prior conviction for possession of cocaine, he was then arrested on a warrant charging him with possession of a firearm after conviction of a nonviolent felony. He was indicted for the offense in 2020.

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 Posted on September 07, 2022 in Criminal Defense

Types of Misdemeanors in Virginia

Generally, crimes are categorized as either misdemeanors or felonies in Virginia. Both misdemeanors and felonies have their own classes, which determine the crime’s severity and penalties. Misdemeanor crimes are separated into four classes, with class 1 misdemeanors being the most serious and class 4 being the least severe.

Class 1 Misdemeanors

All class 1 misdemeanors in Virginia carry a maximum 12-month jail sentence and a fine of up to $2500. Some misdemeanors may include additional penalties, such as suspended driving privileges, court-ordered classes, community service, restitution, and other penalties. It is important to retain a criminal attorney who is experienced handling the type of crime you are facing. Common class 1 misdemeanors in Virginia are:

• DWI, 1^st Offense
• DWI, 2^nd Offense
• Petit Larceny
• Assault & Battery
• Domestic Assault

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 Posted on September 01, 2022 in Criminal Defense

If you have been charged with a criminal offense in the Fairfax County General District Court, your first court appearance may be your arraignment. An arraignment or "advisement" hearing is the court’s opportunity to explain your charge, ask if you understand the charge, explain your right to an attorney and schedule your next hearing. Your next hearing will be your Information on Attorney date or "IAD."

Your arraignment is waivable, so long as you hire an attorney in advance. If you hire our Fairfax criminal lawyers before your arraignment date, we will submit the necessary documents with the court to remove your arraignment from the docket. Because the purpose of an arraignment is to advise the defendant, he or she will not need to attend it once an attorney is hired. It is the criminal lawyer’s job to advise his or her client, which is why the court waives the arraignment.

You are not required to hire an attorney prior to your arraignment. If you choose to attend your arraignment pro se (without a lawyer), the judge will give you a deadline for you to hire an attorney. This deadline is a scheduled hearing known as your Information on Attorney date. The IAD is waivable if an attorney is hired beforehand.

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 Posted on September 01, 2022 in Criminal Defense

In a recent appellate opinion in a Virginia firearms criminal case, the Commonwealth of Virginia appealed a decision by the trial court to grant the defendant’s motion to suppress evidence seized from a vehicle in which he was a passenger. On appeal, the Commonwealth argued that the trial court erred in granting the defendant’s motion to suppress evidence seized during a 2020 search of a vehicle the defendant was in. The Commonwealth claimed that the vehicle’s search was legal because it was supported by probable cause. Examining the facts of the case, the court of appeals disagreed, and affirmed the decision of the trial court.

Facts of the Case

According to the opinion, on July 6, 2020, a Virginia Beach Police officer was on patrol when he heard gunshots and saw a car speeding away from the location of the shots. The officer stopped the vehicle to identify the driver and the passenger, who is the defendant. While speaking with them, the officer noticed a brown cigarette that he believed to contain marijuana. There was no marijuana smell, and the officer did not examine the cigarette or field-test it. He told the defendant that he found what he believed was marijuana, and the defendant responded that he would “take the charge.” The officer advised them that if he did not find any other marijuana in the car, he would not charge them with possession of the drug.

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 Posted on August 11, 2022 in Criminal Defense

In a recent opinion coming out of a Virginia court, the defendant appealed his conviction of aggravated involuntary manslaughter and his sentence of 20 years in prison. On appeal, the defendant’s main argument was that the evidence used at trial was not sufficient to result in a guilty conviction. Looking at the evidence, the court of appeals disagreed and affirmed the original conviction.

Facts of the Case

According to the opinion, the defendant in this case was at a nightclub one night with friends – over the course of the evening, he consumed seven beers and considered himself competent enough to drive home. Around 2:00am, the defendant got in his car and left the bar, later colliding with another vehicle as he was driving home.

A witness to the accident reported that he saw the defendant’s car speeding through the light. The force of the collision launched the second car off the road and up an embankment, at which point the second car struck a pole. The driver of the second car died immediately from blind force trauma to his head.

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 Posted on August 11, 2022 in Criminal Defense

Virginians who feel that they may be experiencing a drug or alcohol overdose are stuck between a rock and a hard place. They either seek medical help just to potentially be criminally charged with driving under the influence or drug use, or they do nothing and put their health and lives at risk. Luckily, the Virginia state court of appeals recently issued a decision that widens the state’s medical amnesty law, Code §18.2-251.03, a law that shields individuals from criminal charges if they seek medical attention because of a drug or alcohol overdose.

Facts of the Case

According to the decision, the defendant-appellant was arrested outside of an emergency room for controlled substance possession and driving under the influence. Police escorted him into the emergency room. Once inside, the defendant began to make suicidal statements and represented that he chose to go to the emergency room because he was thinking about suicide. The defendant further explained that he believed drugs to be the cause of these thoughts, because he had smoked crack cocaine and used heroin, fentanyl, and cocaine.

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 Posted on July 26, 2022 in Criminal Defense

In a recent case coming out of a Virginia court, the defendant appealed his conviction for possession of ammunition by a felon. On appeal, the defendant argued that the officer that came into his house and found the ammunition did not actually have the right to be in his home, and thus that the evidence should have been suppressed. Looking at the totality of the circumstances in the case, the court of appeals disagreed and affirmed the defendant’s conviction.

Facts of the Case

According to the opinion, the defendant was charged with assault and battery after physically and verbally abusing his wife. He was arrested because of the charges, and his wife called the officers investigating the crime to let them know that the defendant had ammunition in their home. Because the defendant had previously been convicted of felonies, possession of ammunition was a violation of Virginia law.

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 Posted on July 26, 2022 in Criminal Defense

In a recent Virginia case involving the electronic solicitation of a minor, the defendant unsuccessfully appealed his guilty conviction. According to the defendant, the trial court did not give enough weight to an expert witness’s testimony regarding the defendant’s recent diagnosis of autism. This social disorder, said the defendant, affected his capacity to understand the wrongfulness of his actions. The court ultimately disagreed with the defendant, and his conviction was affirmed.

Facts of the Case

According to the opinion, the grandmother of an eleven-year-old girl reported to the police in 2018 that she had found sexually explicit messages on her granddaughter’s tablet. These messages were between the girl and the defendant in this case, mostly over Instagram and Google Hangouts. In the messages, the defendant had sent pictures of his genitalia, asked for pictures of the girl’s genitalia, and called the girl “babe” and “my girlfriend.”

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 Posted on July 25, 2022 in Criminal Defense

In a recent criminal case coming out of a Virginia court, the defendant unsuccessfully appealed his conviction for strangulation. The original charges against the defendant were brought when the defendant’s girlfriend told police officers that the defendant had strangled her one morning in the shower. After being found guilty at trial, the defendant appealed, arguing the evidence left reasonable doubt as to whether he was indeed guilty of strangling his girlfriend. The higher court disagreed, and the defendant ultimately lost his appeal.

Facts of the Case

According to the opinion, the defendant’s girlfriend was in the shower one morning when the defendant noticed that another man had recently liked her post on Facebook. Immediately suspicious, the defendant approached his girlfriend and asked her what was going on. He then proceeded to get in the shower to choke her, yelling at her and leaving her with bruises and scratches on her body.

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