https://vacriminaldefenseattorney.com/crimes-against-property daily 0.75 2020-11-15 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604774322494-SULQKLXOETPRIYVNDLGP/image-asset.jpeg Crimes Against Property - Trespass Entering onto the property without authorization or after having been barred can result in a class one misdemeanor. The maximum penalty for this charge is a year in jail and a fine of up to $2,500. In addition, the court can include probation, further court ordered bar from the premises (which could result in a contempt charge and another conviction for subsequent offenses). This charge can have serious consequences-but the prosecution and law enforcement officers must have sufficient and specific evidence to prove their case and having a defense attorney will make sure they meet that burden. (VA Code 18.2-119) https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604774645707-4SXELFK9XYUWMB2A6Z0E/police-378255_1920.jpg Crimes Against Property - Shoplifting. Shoplifting is treated very seriously in Virginia, with one of the lowest threshold for a felony amount shoplifting at just $500. Merchants in Virginia also employ professional loss prevention officers and strictly prosecute offenders. In fact, most merchants are required to do so by the corporate rules. Shoplifting also can include: Concealment of an item while still in premise Altering the price tag Aid or abet another person in the performance of the above acts. Amount or value of the items at less than $500. If convicted, an individual could be punished by a maximum of 1 year in custody, a fine of up to $2,500. This in addition to a ban from the store, restitution paid to the merchant, and probation. You will also have been convicted of a crime of moral turpitude which generally must be disclosed on job application. A conviction under this statute could have major impact on employment prospects. https://vacriminaldefenseattorney.com/hit-and-run daily 0.75 2020-11-15 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604863211948-H1DJVOQLJC4P93R5SG4F/image-asset.jpeg Hit and Run - An Individual is Required to Report An Accident. A Virginia driver must stop at the scene of any accident in which he is involved. The fault or cause of the accident is not relevant. He must give the other driver information. This would include a name, address, driver’s license number, vehicle registration information. “Reasonable assistance” should also be rendered to those injured. Proof of a Hit and Run Charge in Virginia. A Hit and Run charge can result from any car accident that the driver fails to report this charge requires that he or she: Make physical contact with another vehicle, person, or object. Resulting in property damage, injury or death, and Failed to report the accident. To support this conviction the Prosecutor must prove that the driver knew of the accident and knew (or should have known) that the property was damaged or someone was injured. The prosecutor must also prove that the driver failed to give the required information to the other driver and law enforcement. https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604863276768-DQGXXN2CJZWRSD8PY6YW/image-asset.jpeg Hit and Run - Damages Unoccupied Property (Va. Code §46.2-896) Criminalizes the failure to report an accident involving the unattended property. Unattended property is also called unoccupied property. Occupied Property, Injury or Death (Va. Code §46.2-894) The Driver of any vehicle involved in an accident in which a person is killed, injured, or when attended property or vehicles are damaged-the driver should immediately stop as close to the scene as possible without obstructing traffic. https://vacriminaldefenseattorney.com/general-1-1 daily 0.75 2020-11-15 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604876711061-EKSF43JG7R4L90JSS4WS/image-asset.jpeg Stalking - To convict of Stalking. Prosecutor must prove that the offender: engaged in conduct, at least twice, directed against another person, with the intent to place that person or member of his family in fear of death, criminal sexual activity or bodily injury: Engaged in conduct: Examples of this include following another person, waiting at a person’s home or work, making phone calls (generally considered threatening or obscene), or unwanted contact online (this would include social media). At least twice: To convict an offender of stalking, the offender must have intentionally engaged in conduct with the intent to place the victim in fear of death, sexual assault or bodily harm (on 2 separate occasion). Intent to place in fear: The intent required to convict an offender is the intent to place the Victim in fear or knowledge the conduct will cause fear. The offender can also be convicted if he should have known his conduct will cause fear. FEAR: refers to reasonable fear of death, criminal sexual activity or bodily injury. The fear does not need to be caused or the same each time. Person: The conduct intended to cause that fear must be directed at another person. This person could be a family member or household member. (This is defined under §16.1-228). https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604876799900-8FS4B6L3E8NGOGLHCGUX/image-asset.jpeg Stalking - Penalty First Offense (Class one misdemeanor) Up to 12 months in jail A fine of up to $2,500 And an order prohibiting contact between the offender and the victim or his or her spouse or his or her child. A violation of this no contact provision would be separate contempt charge. (Va. Code §18.2-60.3 (D)) https://vacriminaldefenseattorney.com/general-2 daily 0.75 2020-11-15 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604855385542-XLEM0AFDXTYM572QU7Y3/image-asset.jpeg Felony Assault and Batter https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604855572658-7ZFJVZMKKEWUS5W9E547/image-asset.jpeg Felony Assault and Batter https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604855461963-DDU52U2FP3S5NRUE1B7U/image-asset.jpeg Felony Assault and Batter https://vacriminaldefenseattorney.com/traffic-cases-and-reckless-driving daily 0.75 2024-08-19 https://vacriminaldefenseattorney.com/general-1 daily 0.75 2020-11-15 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604771860434-18QOQEGBNVW3GSG9CA3D/image-asset.jpeg Eluding Misd/Felony - When does Eluding Law Enforcement become a Felony? This only becomes a felony under Va. Code §46.2-817(B) if, after being signaled by a law enforcement officer to pull over the individual not only continues to drive in a willful and wanton disregard of the law enforcement officer’s signal to stop, BUT the he has also endangered life. This does not require a specific individual be endangered (like a passenger or specific other motor vehicles on the road). Felony Penalty Va. Code §46.2-817(B)-(C) · If a person (not specified) is considered endangered this would be a Class 6 Felony. · Imprisonment of not less than 1 year nor more than 5 years. o May at the discretion of the Jury and Court result in confinement of not more than 12 months. · A fine of up to $2,500. · Driver’s license revocation. https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604771926487-BSSSSYQRCDG29TAS1MI7/image-asset.jpeg Eluding Misd/Felony - Death of Law Enforcement Officer · If a law enforcement officer is killed as a Direct and Proximate result of the pursuit, the person is guilty a Class 4 Felony. · Which is punished with 2-10 years in prison · $100,000 fine · Driver’s license revocation for one year https://vacriminaldefenseattorney.com/aggressive-driving daily 0.75 2020-11-15 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604892435845-9KJ8407G7MRBW7UJF9S2/image-asset.jpeg Aggressive Driving https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604892388882-X8H6X0SU2ODDJQF3CBZW/image-asset.jpeg Aggressive Driving https://vacriminaldefenseattorney.com/about daily 0.75 2024-08-19 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1607215139096-V67D5SJZ9M92X8N9JBAT/IMG_7213.jpg About https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1724100512675-1W8MEHUUOUBJ50AT8IBR/unsplash-image-z0-MQoZrAS8.jpg About https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1724100993013-3DZM2WNZEP5WXO0YVZIL/unsplash-image-OxKFC5u0980.jpg About https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1724101239395-34DXISQNEJZMQARREC9G/unsplash-image-gts_Eh4g1lk.jpg About https://vacriminaldefenseattorney.com/driving-on-a-suspended-license daily 0.75 2020-11-15 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604853178780-ATUZJCTDF93BFN0TI4XQ/image-asset.jpeg Driving on a suspended license - Penalities for Driving on a Suspended License First Offense and Second Offense: A maximum of 12 months in jail A maximum fine of $2,5000 An additional driver’s license suspension of up to 90 days (in most cases) A Criminal record which is not eligible for expungement Higher insurance premiums Potential employment consequences from having a criminal record A class one misdemeanor which may have immigration consequences for non-residences A third or subsequent offense within a 10 year period Everything above and Mandatory minimum term of confinement in jail of 10 days. However, the court shall not be required to impose a mandatory minimum term of confinement in any case where a motor vehicle is operated in violation of this section in a situation of apparent extreme emergency which requires such operation to save life or limb. https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604854625294-T8ARS2QWLK2CVHILOU1M/image-asset.jpeg Driving on a suspended license - Driving Without a License Virginia requires that all persons have a valid driver’s license. If a driver does not have a valid license he can be charged with a CRIME. Penalty for Virginia Driving Without a License: This is a Class 2 misdemeanor charge. The penalties associated with this charge include up to 6 months in jail, a fine of up to $1000, and a driver’s license suspension of up to 90 days. The DMV will also add 3 demerit points to the driving record. The second or subsequent offense is a Class 1 misdemeanor. This carries with it up to 12 months in jail, a fine of $2,500, 3 DMV demerit points, additional driver’s license suspension up to 90 days. This vehicle the offender was driving at the time of the offense will be impounded for 3 days or until a valid driver’s license is obtained. Proof of Virginia Driving without License Charge: This charge can be committed one of two ways: Driving without ever having been issued a valid license, or Driving after license has expired. In addition the Prosecutor must prove that the offender was driving on a highway as defined under Va. Cade §46.2-100. Exemptions to this charge Those on active duty in the military (including family)(Va. Code §46.2-306 and §46.2-305), non-Virginia residents (Va. Code §46.2-307), new Virginia residents (Va. Code §46.2-308) at least for the first 60 days, and Farm and Construction Machinery (Va. Code §46.2-303). https://vacriminaldefenseattorney.com/strangulation daily 0.75 2020-11-15 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604877342665-WV999WLRTHOZNKE6G0OO/image-asset.jpeg Strangulation - Proof of Strangulation. Proof of Virginia Strangulation Charge To convict the Prosecutor must prove that the offender: Knowingly, intentionally and without consent Stops blood circulation or respiration By applying pressure to someone’s neck Causing wounding or bodily injury (generally interpreted to mean visible injuries). Knowingly and Intentionally: The Prosecutor must prove that offender knowingly and intentionally placed pressure to the neck of the victim AND that pressure stopped the blood circulation or respiration. Without consent: The Prosecutor must prove that the pressure to the neck was not consensual to convict an offender of a strangulation charge. Stopping Blood Circulation or Respiration: There must be proof that the offender stopped blood circulation or respiration of the victim by applying pressure to the neck. Causing Wounding or Bodily Injury: There must be SOME physical injury to the victim to convict. However, the injury does not have to be permanent or significant to convict. https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604878012050-7NUAO324YSJGBAST8L8H/image-asset.jpeg Strangulation - Penalty This is a class Class 6 Felony. It is punished with 1-5 years in prison and a fine up to $2,500. It can also be punished with up to 12 months in jail and a fine of up $2,500. https://vacriminaldefenseattorney.com/testimonials daily 0.75 2020-11-06 https://vacriminaldefenseattorney.com/abduction-and-kidnapping daily 0.75 2020-12-03 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604893599399-W6D7J9BZV92HRA80GK9C/image-asset.jpeg Abduction and Kidnapping - Abduction for Labor. To be convicted of this charge: Any person who by force, intimidation or deception, And without legal justifications or excuses seizes, takes, transports, detains or secretes another person With intent To subject him or her to forced labor or services shall be deemed guilty. Intimidation: shall include destroying, concealing, confiscating, withholding, or threatening to withhold passport, or other immigration documents, (and government identification). Even threatening to report another as being illegally present in the United States. https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604893662247-D8IRXHXWC3VJO1IT1SIX/image-asset.jpeg Abduction and Kidnapping - Abduction by Parent The above listed offense committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending offense will instead be a Class 1 misdemeanor. Penalty Up to 12 months in custody A fine of up to $2,500 A criminal record https://vacriminaldefenseattorney.com/areas-of-practice daily 0.75 2024-09-13 https://vacriminaldefenseattorney.com/driving-on-dui-related-license daily 0.75 2020-12-06 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604854314786-A8V2FKUBIABWCFMD4TTD/people-2561226_1920.jpg Driving on DUI related license - Penalties for DUI-Suspended licence Penalties for DUI-Related Driving on a suspended Operator’s license 12 months of driver’s license suspension. However, upon conviction under Va. Code §18.2-272 one cannot obtain a restricted driver’s license at all during the revocation period. A third offense driving on a revoked license (DUI related) is a Class 6 felony, punished with up to 5 years in prison. Click here for more information on DUI-related driving https://vacriminaldefenseattorney.com/reckless-driving-generally daily 0.75 2020-11-15 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604875383931-GX7VXJP6WKFDBGQG0VCI/image-asset.jpeg Reckless Driving Generally Proof of Reckless Driving in Virginia To convict an individual of reckless driving in Virginia under Va. Code §46.2-852, the Commonwealth must prove: Drives A motor vehicle On a highway in the Commonwealth In a manner that endangers the life, limb or property or another. Difference between a Reckless Driving charge and Traffic Infraction in Virginia This is considered a crime. As a result conviction results in a permanent criminal record. Unlike speeding tickets and other traffic infractions, a driver CANNOT pre-pay fines for a Virginia Reckless Driving charge. The driver HAS TO APPEAR in court. Failure to appear in court could result in ADDITIONAL criminal charge. https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604875450882-VOGGFUFBXU9QW46CAYXS/image-asset.jpeg Reckless Driving Generally - Penalty. This can be a misdemeanor or a felony. It is punishable with jail (or prison) high fines, driver’s license suspension, and DMV demerit points. Additionally if the court believes alcohol was involved the court may order the completion of the Virginia Alcohol Safety Program. Jail under up to 12 months Fines of up to $2,500. This does not include the court costs Driver’s license suspension for 10 days to 6 months. A restricted operator license may be available which allows you to drive under specific circumstances. If you drive outside those restrictions you be charged with violation of Va. Code §46.301 (Va. Code §46.2-393(B)) The DMV will add 6 demerit points to the driving record of anyone convicted of reckless driving in Virginia. https://vacriminaldefenseattorney.com/faqs daily 0.75 2021-10-19 https://vacriminaldefenseattorney.com/general-2-1 daily 0.75 2020-11-15 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604871917069-2XO591ADM0YYV8KOGPB7/image-asset.jpeg Reckless Driving by Speed https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604871836472-K6W6GSY1MHVM8WA9INTZ/image-asset.jpeg Reckless Driving by Speed https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604871976546-0IK67TZ97V02O7OL04GC/image-asset.jpeg Reckless Driving by Speed https://vacriminaldefenseattorney.com/assault daily 0.75 2020-11-15 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604692133759-9K9OECMCFPDZK6KK9Q1R/image-asset.jpeg Assault - Assault and Battery If you have been charged under Virginia Code 18.2-57 or 18.2-57.2 you are facing the serious charge of assualt and battery in Virginia. Consequences of these charges: · Up to 12 months in jail · A fine of up to $2,500 · A lifetime bar from the possession of firearms or munitions for domestic charges · A criminal record (that would appear on background checks) Assault Assault is defined as the apprehension of a harmful or offense contact. This assault can result from the attempt to battery or apprehension of a battery. This attempt is an attempted harmful or offensive touching. To prove an attempted battery-the Prosecutor MUST SHOW that the offender intended a battery and performed some direct act (though ineffectual act) towards the commission of the crime. If the Prosecutor can show the offender threatened to batter and had the “ability to do so” the threat can be actual or implied. The threat must be more than just words. This must commit some act that indicates he or she is trying to harm the victim. Battery A battery is a willful, unwanted touching of another done without justification or excuse. The touching does not have to cause injury to be charged as a battery. The touching does not have to cause injury to be charged as a battery. This allows Virginia to charge battery for spitting on a victim, pushing or shoving a victim or grabbing the victim. The touching can also include causing some object to contact the victim (even if you never touched the victim). DEFENSES Consent: Is a complete defense of battery. (Examples of this include boxing matches). BUT if the scope of consent is exceeded, the initial consent can become unwanted and would therefore be a battery. One also can’t consent to serious injury or consent when obtained by fraud or duress that consent is not a defense. Defense of Self or Others: A person can use the amount of force equal to that of the aggressor to protect themselves, others, or property. Excessive force (more than is used) can turn the defense into the offense of battery. The Touching was Accidental: A battery requires that the touching was INTENTIONAL unwanted or offensive touching. A touching that occurs is purely by accident and it must not be RECKLESS. This would not be a battery. https://vacriminaldefenseattorney.com/home daily 1.0 2024-08-28 https://vacriminaldefenseattorney.com/racing daily 0.75 2020-11-15 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604867504772-P7V46K2VIHBJHZXB10EP/image-asset.jpeg Racing - Penalties for Racing. Misdemeanor Racing Charge This is a class 1 misdemeanor. It is punishable by: 12 months in jail Fine of $2,500 Mandatory driver’s license suspension for 6 months to 2 years. 6 DMV demerit points may be assigned In addition the owner of the vehicle engaged in the race can also have his car seized and forfeit. Revocation of license for the 4th conviction of certain offenses can result in a driver’s license revocation for 5 years. (Va. Code §46.2-394). Felony Racing Charge (Va. Code §46.2-865.1) Any person who while engaging in a race violation of §46.2-865 in a manner so gross, wanton and culpable as to show a reckless disregard for human life that results in serious bodily injury is guilty of a Class 6 felony. If the conduct causes the death of another person is guilty of a felony punishable by a term of imprisonment not less than 1 year nor more than 20 years. One year of which shall be mandatory minimum term of imprisonment. https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604868648495-XS5E7C018EUG6Q361WNC/image-asset.jpeg Racing - Aiding or Abetting Race. (Va. Code §46.2-866) It is a class 1 misdemeanor to aid or abet a race in Virginia. This carries a jail sentence up to 12 months, a fine of up to $2,500. https://vacriminaldefenseattorney.com/drugs daily 0.75 2020-11-15 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604692463947-IW29HWYK6755NUZ2HVMD/image-asset.jpeg Drugs - Drug Possession It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance has, a valid prescription. It is described under Virginia Code 18.2-250. Drug Possesion can either be a class 5 felony or a misdemeanor Class 1-5. The nature of the substances will determine whether you are charged with a minor misdemeanor or felony. Possible Consequences of these charges can include: Jail penality or probation Criminal convictions which will appear on background checks Mandatory drug treatment or tests If convicted of a felony: a loss of voting rights, right to carry firearms, and major issues with future employment. Contact our office to discuss the penalities and risks associated with your specific case. We can talk about what defenses you have to these charges. https://vacriminaldefenseattorney.com/dui daily 0.75 2020-12-06 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604940869529-QDM0XJKUPIGHW6HUBY1V/image-asset.jpeg DUI - Second Offense Administrative license suspension for 60 days. Minimum of $500 fine (up to $2,500). Long-term license revocation. Radically increased insurance rates If within fewer than 5 years of the first offense, a mandatory 1 month to 1 year in jail. If within 5 years to 10 years of first offense, a mandatory minimum 10 days in jail. Any court-ordered restitution. This would include damages as the result of any accident to a person or property. Installation of an ignition interlock device. Completion of Alcohol Safety Action Program (ASAP). https://vacriminaldefenseattorney.com/contact-us daily 0.75 2021-10-19 https://vacriminaldefenseattorney.com/breath-alcohol-content daily 0.75 2020-12-06 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604890174035-ZKS7YJZT47U6ZIRYWMO7/image-asset.jpeg Breath Alcohol Content https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/1604890273639-ROR3DTGWHSYGT62RINX3/image-asset.jpeg Breath Alcohol Content https://vacriminaldefenseattorney.com/our-team-1 daily 0.75 2025-01-31 https://images.squarespace-cdn.com/content/v1/5f9d9ee1d5f4371e48066928/403912c3-2775-4e95-840a-6d0db50fba62/IMG_7139.JPG