Practice Areas - State Level

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• Overview & Virginia Law

Driving under the influence (DUI or DWI) in Virginia is prosecuted as a criminal offense under Virginia law when a person operates a vehicle with a blood alcohol concentration over the legal limit or under the influence of drugs. First and second offense DUI charges are typically Class 1 misdemeanors, punishable by up to 12 months in jail and fines up to $2,500.00, along with license suspension and other penalties. 

Penalties

• Up to 12 months jail (Class 1 misdemeanor)
• Fines up to $2,500
• Mandatory suspension of driver’s license
• Alcohol education programs and probation

Defense Strategies

Common DUI defenses challenge breath/blood test accuracy, improper police stops, field sobriety test reliability, and constitutional violations. An experienced attorney can negotiate reduced charges or alternative sentencing.

Court Process – GDC vs. Circuit Court

Most DUI cases begin in General District Court; serious DUI offenses (e.g., elevated BAC, multiple prior offenses) may be certified to Circuit Court for trial or jury trial rights.

Overview & Virginia Law

Virginia criminalizes unlawful possession, distribution, and trafficking of controlled substances under state statutes. Penalties vary widely depending on the type and amount of drug and whether it’s a misdemeanor or felony offense.

Penalties

• Misdemeanor drug possession: up to 12 months jail and fines
• Felony distribution/drug trafficking: larger fines and multi-year prison terms
• Federal drug charges carry severe mandatory minimum sentences under federal law.

Defense Strategies

Defense may include challenging unlawful searches and seizures, questioning police procedures, proving lack of possession, or bringing mitigation evidence. Drug courts may be available in some jurisdictions to reduce long-term consequences.

Court Process – GDC vs. Circuit Court

Misdemeanor drug charges are usually handled in General District Court, while felony charges move to Circuit Court where more serious penalties and jury trials are possible.

 Overview & Virginia Law
Assault and battery offenses — including domestic violence — are prosecuted under various provisions of the Virginia Code depending on injury, intent, and victim relationship. These can be Class 1 misdemeanors or elevated felonies.

Penalties

• Assault & battery: up to 12 months jail and fines for misdemeanors 
• Domestic violence or aggravated assault: may be felony with longer prison terms and protective order consequences.
   

Defense Strategies
Defense options may include self-defense, misidentification, lack of intent, or evidentiary challenges to witness statements or police reporting.

Court Process – GDC vs. Circuit Court
Misdemeanor cases are heard in General District Court; felony assault and related protective order hearings go to Circuit Court, where jury trials are available.

 Overview & Virginia Law
Theft and larceny crimes involve unlawfully taking property without consent. Virginia classifies these offenses based on value and type into misdemeanors and felonies.

Penalties

• Petit theft (lower value): up to 12 months jail
• Grand larceny (higher value): felony with longer prison terms and higher fines.

Defense Strategies

Possible defenses include lack of intent, mistaken identity, consent, or return/restitution of property before charges.

Court Process – GDC vs. Circuit Court

Minor thefts may be adjudicated in General District Court, while grand larceny and higher-value theft cases proceed to Circuit Court for jury trial.

Overview & Virginia Law
Weapons and firearm offenses range from unlawful carrying, brandishing, to felon in possession charges. Penalties vary by statute and prior offenses. 

Penalties

• Unlawful carry/brandishing: up to 12 months jail and fines.
• Felony weapon violations: multi-year prison terms depending on offense history.
   

Defense Strategies
Challenges may focus on legality of search, evidence handling, ownership/discovery issues, or constitutional rights violations.

Court Process – GDC vs. Circuit Court
Simple misdemeanors are in General District Court, while felony firearm cases go to Circuit Court.

 Overview & Virginia Law
Probation violations occur when a defendant fails to comply with court-ordered conditions. This may result in revocation hearings and additional penalties. 

Penalties

• Revocation of probation
• Possible incarceration, fines, or extended supervision
   

Defense Strategies
Defense focuses on reasons for non-compliance, mitigation evidence, and negotiating alternatives to revocation.

Court Process – GDC vs. Circuit Court
Probation is typically tied to the original conviction court — General District or Circuit Court — where revocation hearings are held.

 Overview & Virginia Law
Reckless driving in Virginia is often treated as a misdemeanor offense for operating a vehicle with willful disregard for safety.

Penalties

• Up to 12 months jail
• Fines up to $2,500
• License suspension
   

Defense Strategies
Defenses may include disputing evidence of reckless behavior, traffic stop legality, or negotiating reduced outcomes.

Court Process – GDC vs. Circuit Court
Reckless driving charges are typically heard in General District Court.

Overview & Virginia Law
Virginia’s evolving record sealing and expungement laws allow dismissal, acquittal, or certain eligible convictions to be removed or sealed from public record, with expanded sealing options effective in 2026. Petition-based and automatic sealing processes are now available under §§ 19.2-392.6 et seq. of the Virginia Code. 

Penalties / Consequences of Records
While not penalties, criminal records can affect employment, housing, and civil rights long after conviction. New laws permit sealing of many misdemeanor convictions and deferred dispositions. 

Defense/Process Strategies
An attorney can help determine eligibility, prepare petitions, and argue sealing or expungement before a judge.

Court Process – GDC vs. Circuit Court
Expungement and sealing petitions are filed in the Circuit Court where the original case was disposed.

 Overview & Virginia Law

Homicide offenses in Virginia are among the most serious criminal charges and involve the unlawful killing of another person. Virginia law recognizes multiple homicide classifications, including capital murder, first-degree murder, second-degree murder, and voluntary or involuntary manslaughter. These cases are prosecuted aggressively and carry severe penalties, including lengthy prison sentences and, in the most serious cases, life imprisonment. Homicide charges are typically felony offenses and are heard in Virginia Circuit Court.

Penalties 

Penalties depend on the classification of the charge and surrounding circumstances:

• Capital Murder — Life imprisonment (with or without parole)
• First-Degree Murder — 20 years to life imprisonment
• Second-Degree Murder — 5 to 40 years imprisonment
• Voluntary Manslaughter — 1 to 10 years imprisonment
• Involuntary Manslaughter — Up to 10 years imprisonment and fines up to $2,500
   

Additional consequences may include long-term probation, loss of civil rights, and permanent criminal records.

Defense Strategies 

Homicide defense requires a detailed investigation and strategic legal analysis. Common defense strategies may include:

• Challenging intent and mental state
• Asserting self-defense or defense of others
• Disputing causation or forensic evidence
• Exposing constitutional violations in police investigation
• Negotiating charge reductions where appropriate
   

An experienced criminal defense attorney works with investigators, forensic experts, and witnesses to build a comprehensive defense.

Court Process – District Court vs. Circuit Court

Homicide cases typically begin with preliminary proceedings in General District Court, where probable cause is assessed. All homicide trials are ultimately handled in Virginia Circuit Court, where defendants have the right to a jury trial and where felony sentencing is imposed.

 Overview & Virginia Law

 Sexual assault and rape are among the most serious criminal charges under Virginia law. These offenses generally involve allegations of non-consensual sexual contact or sexual intercourse, often prosecuted under statutes related to rape, forcible sodomy, sexual battery, or aggravated sexual battery.

Virginia law defines consent strictly, and prosecutors aggressively pursue these cases due to the severe penalties and long-term consequences involved. Sexual assault charges may arise from allegations involving acquaintances, dating relationships, domestic partners, or strangers. These cases are typically prosecuted as felonies in Virginia Circuit Court.

Penalties 

 Penalties for sexual assault and rape convictions in Virginia are severe and can include:

• Lengthy prison sentences, potentially life imprisonment for aggravated offenses 
• Mandatory sex offender registration, often for life 
• Substantial fines and restitution 
• Long-term probation or post-release supervision 
• Loss of civil rights, professional licenses, and employment opportunities 

Even allegations alone can have lasting reputational and personal consequences, making early legal representation critical.
 

Defense Strategies 

 Defending against sexual assault or rape charges requires a careful, aggressive, and strategic approach. Common defense strategies may include:

• Challenging lack of consent allegations 
• Examining inconsistencies in witness statements 
• Challenging forensic or DNA evidence handling 
• Addressing false accusations or motives to fabricate 
• Suppressing evidence obtained through unlawful searches or interrogations 
• Highlighting constitutional violations 

Each case is fact-specific, and a strong defense focuses on protecting the accused’s rights and challenging the prosecution’s burden of proof.

Court Process – District Court vs. Circuit Court 

Sexual assault and rape cases typically begin with preliminary proceedings in General District Court, where the court determines whether probable cause exists to proceed on felony charges. If probable cause is found, the case is certified to Virginia Circuit Court.

All sexual assault and rape trials are ultimately handled in Virginia Circuit Court, where defendants have the right to a jury trial and where felony convictions and sentencing—including prison terms and sex offender registration—are imposed.