Criminal Defense Attorney in Virginia

Misdemeanors

• Class 1 – Up to 12 months jail time and/or a fine of up to $2,500
• Class 2 – Up to six months jail time and/or a fine of up to $1,000
• Class 3 – Fine of up to $500
• Class 4 – Fine of up to $250

Felonies

• Class 1 – Up to life imprisonment and/or a fine of up to $100,000
• Class 2 – 20 years to life imprisonment and/or a fine of up to $100,000
• Class 3 – Five to 20 years imprisonment and/or a fine of up to $100,000
• Class 4 – Two to 10 years imprisonment and/or a fine of up to $100,000
• Class 5 – One to 10 years imprisonment or, in the discretion of the judge or jury, up to 12 months jail time, along with a potential fine of up to $2,500
• Class 6 – One to five years imprisonment or, in the discretion of the judge or jury, up to 12 months jail time, along with a potential fine of up to $2,500

Many misdemeanor and felony convictions also come with collateral consequences. For example, traffic-related criminal convictions may result in the court ordering the suspension of your driving privileges for a certain period or the permanent revocation of your driver’s license. Conviction for sex crimes may require you to register as a sex offender.

Finally, having a criminal record can result in lifelong personal and professional consequences. For example, a criminal record may disqualify you from obtaining various professional licenses or government benefits. Having a felony conviction can also disqualify you from being eligible to vote or to possess a firearm.

Criminal records qualify as public records that can show up on a background check. As a result, a criminal conviction could make it difficult for you to apply for housing, employment, or educational opportunities. For this reason, it is important to take any criminal charge in Virginia seriously and seek help from a criminal defense attorney who will work hard to pursue the best possible outcome for you.

Mental Condition Admissible Re: Requisite Intent

HB 2047: Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence by the defendant concerning a defendant’s mental condition at the time of an alleged offense, including expert testimony, if such evidence is relevant and is not evidence concerning an ultimate issue of fact and (i) tends to show the defendant did or did not have the intent required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill provides that to establish a mental condition for such purposes, the defendant must show that his condition existed at the time of the offense and that such condition satisfies the diagnostic criteria for (a) a mental illness, as defined in the bill; (b) an intellectual or developmental disability, as defined in the bill; or (c) an autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. If a defendant intends to present such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth within specified time periods. The bill also clarifies that a court, in addition to a magistrate, may enter an emergency custody order in such cases if the criteria required under current law for emergency custody orders are met.

The bill clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of rebuttal of a presumption against bail and that a court may order that a sentencing report prepared by a probation officer contain any diagnosis of an intellectual or developmental disability.

The bill also adds to the requirements to be met for initial and re-certification as a court appointed attorney two hours of continuing legal education, which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities.

Finally, the bill requires the Office of the Executive Secretary of the Supreme Court to collect data regarding the cases that use the evidence made permissible in the bill and the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century to study and make recommendations about the standard of danger to self or others that may be appropriately applied for such persons found not guilty under the provisions of the bill in the issuance of emergency custody orders, involuntary temporary detention orders, or the ordering of other mandatory mental health treatments. This bill is identical to SB 1315.