Fairfax County Criminal Defense Lawyer

Fairfax County Attorneys - Criminal Law 

As a commonwealth, Virginia has different rules regarding criminal offenses. For example, minors and those declared criminally insane who are convicted of a capital crime are exempt from the death penalty. Because some criminal laws are different, those accused of a crime in VA need an attorney who is knowledgeable about state law specifically. 

Most crimes fall into one of two major categories: misdemeanors or felonies. Less severe offenses, or misdemeanors, are punishable by lesser fines and no more than one year in jail. These crimes are divided into four classes depending on the egregiousness of the crime and aggravating factors. 

The four misdemeanor classes are as follows: 

• Class 1: The most serious misdemeanor charges can result in up to 12 months in jail and a fine of $2,500. Aggregating factors like the use of a firearm, injury, or death could elevate the crime out of the Class 1 misdemeanor category. 
• Class 2: If convicted, a person could face up to six months in jail and fines of no more than $1,000. 
• Class 3: These misdemeanors are punishable by a fine of up to $500 and no jail time. 
• Class 4: The least serious misdemeanor charges may be punishable by a fine of up to $250 with no jail time. 

Felonies, on the other hand, have harsher consequences and include five classes: 

• Class 1: The most serious felony charges are punishable by life imprisonment and fines of up to $100,000. 
• Class 2: These crimes are punishable by fines of up to $100,000 and a prison sentence of 20 years to life. 
• Class 3: Felonies in this class also carry a maximum fine of $100,000 and potential imprisonment for five to 20 years. 
• Class 4: Most Class 4 felonies result in fines and between two and ten years imprisonment in a state facility. 
• Class 5: These crimes are “wobblers” and can be charged as a felony or misdemeanor depending on the circumstances. For example, harassment could be a misdemeanor, but it may become a felony if a firearm is used to harass and threaten someone. If convicted, a person could be imprisoned for up to 12 months and may be required to pay fines up to $2,500. 
• Class 6: Crimes in this class are also wobblers and are considered the least serious felonies in the Commonwealth. A conviction could result in one to five years in prison or no more than 12 months for a misdemeanor.

Unlike misdemeanors, felonies also carry further implications. Felons are not permitted to hold certain jobs and may be rejected from interviews, housing opportunities, scholarships, government assistance, and other privileges. A person convicted of a felony may have some of their rights stripped away even when they have completed their sentence. 

Elements of a Criminal Case

Two of the most important elements of any criminal case are reasonable suspicion and probable cause. Without these elements, law enforcement cannot make an arrest, and the court cannot, in good faith, convict the defendant.

Reasonable suspicion is a standard used in criminal procedure to determine the legality of a search. Without reasonable suspicion, an officer cannot legally search a vehicle, residence, or belongings. In practice, reasonable suspicion means that the law enforcement officer witnesses or suspects the potential of criminal activity or illegal goods. 

For example, an officer observes a driver driving erratically on the road. They may suspect that the driver is under the influence based on the circumstances. 

However, reasonable suspicion is not enough to arrest someone. An officer must have a warrant and/or probable cause to make an arrest. This is a requirement for arrest and means that the officer has concrete evidence that a crime may occur, is in progress, or has already been committed. 

Using the previous example, if the officer pulls over the driver and finds several empty liquor bottles in the passenger seat and the driver is visibly intoxicated, they have probable cause to arrest the driver for a DUI. Maintaining probable cause is a crucial part of a criminal trial. The prosecutor must prove beyond a reasonable doubt that the defendant committed the crime using evidence to support probable cause. 

Have You Been Accused of a Crime? 

If you have been accused of a crime, you could be facing severe consequences, including time behind bars. Dischley Law, PLLC, believes that those accused of a crime deserve legal counsel with their best interests in mind. 

When you contact our office after an arrest in Fairfax County, we can walk you through what to expect at your first appearance, how bond is handled, and what may happen if your case is set for a hearing in the Fairfax County General District Court or Juvenile and Domestic Relations District Court. We can also review any paperwork you received from the magistrate or jail and explain deadlines, court dates, and conditions of release in plain language. Our goal is to reduce the uncertainty you and your family are feeling so you can focus on taking the right steps rather than worrying about the unknown.

If your case is more serious and could be indicted in Fairfax County Circuit Court, we can discuss how felony procedures differ from misdemeanors, including preliminary hearings, grand jury proceedings, and the potential range of penalties. We take time to listen to your concerns about employment, housing, and professional licenses, then factor those priorities into the strategy we recommend. By approaching your matter with careful planning from day one, we work to protect not only your immediate freedom but also your long-term future in Northern Virginia.

Our firm handles a variety of criminal law cases, including: 

• Drug offenses
• Gun charges 
• Violent crimes
• Fraud
• Reckless driving
• Property and theft 
• Misdemeanors 
• Felonies 
• DWI/DUI 
• Expungement 
• And more

Our team of experienced and compassionate legal advocates works with clients to investigate their cases and determine the optimal strategy. As a boutique firm, we tailor our services to fit the needs of our community while maintaining a personalized approach to each case. Our award-winning firm has a reputation for excellence, and we use our knowledge, strategy, and innovation to produce favorable results. 

During your consultation, we can talk through the specific charges you are facing, such as reckless driving on I-66, an alleged assault in Fairfax City, or a drug investigation in one of the surrounding Northern Virginia communities. We explain the possible sentencing ranges, collateral consequences, and options for negotiation or trial so that you are never left guessing about what might come next. By approaching every case with careful preparation and clear communication, we work to give you confidence that your legal matter is being handled with the attention it deserves.