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Criminal Defense Virginia

Criminal defense in Virginia is based on building a solid defense against allegations of a misdemeanor or felony crime, which may include drug crimes, DUI or DWI charges, rape and other sex crimes, fraud and money crimes, property offenses, traffic offenses, domestic abuse allegations, murder and other violent crimes, and identity theft and related identity crimes.

Misdemeanor Offenses

A misdemeanor offense is less serious than a felony matter.   There are four classes of misdemeanor offenses in Virginia (Code of Virginia § 18.2-9). In NoVa, the most serious class of misdemeanors is punishable by no more than twelve months of jail time and a $2,500.00 fine, either or both. Some acts may be classified as either a misdemeanor or felony, depending on the particular factual circumstances of the offense, such as the value of an item taken or damaged, the class of the victim, or the number of previous similar offenses

  • Class 1 Misdemeanor

    A Class 1 Misdemeanor is the most serious of the misdemeanor crimes in Virginia. Common class 1 misdemeanors include assault, trespassing, possession of Schedule III/IV drugs, DUI, domestic assault, driving with a suspended license, reckless driving, and petit larceny.

    Possible Punishments: A maximum of twelve (12) months in jail and/or a fine of up to $2,500.

  • Class 2 Misdemeanor

    A Class 2 Misdemeanor is less serious than a class 1 misdemeanor, but it could still result in a loss of liberty and a significant fine.  Driving without a Valid Operator’s license, (1st offense) is perhaps the most common of the class 2 misdemeanors, which also include some obstruction offenses and similar licensing offenses.

    Possible Punishments: No more than six (6) months of jail time and/or a fine of up to $1,000.

  • Class 3 Misdemeanor

    The next step down in severity is the class 3 misdemeanor.   Class 3 misdemeanors do not carry the potential loss of liberty and are generally restricted to regulatory and licensing enforcement matters, often involving forestry, livestock or sales.

    Possible Punishments: No jail time is involved. Fines are not to exceed $500.

  • Class 4 Misdemeanor

    A Class 4 Misdemeanor is the least serious of the offenses that may be considered a misdemeanor in Virginia.  The most common class 4 misdemeanor offense is Virginia Code Section 18.2-388, the statute for public intoxication, or “drunk in public,” which also includes public swearing or profane gestures.

    Possible Punishments: No jail time is involved.  Fines are not to exceed $250.

 

Unclassified Misdemeanors

Some misdemeanor offenses have special limits on punishments, and these are commonly known as unclassified misdemeanors. (Code of Virginia § 18.2-12).  For example, possession of marijuana (1st offense) is an unclassified misdemeanor, but 2nd offense is a class 1 misdemeanor.

Felony Offenses

A felony is a more serious crime punishable in NoVa by life imprisonment in a federal or state prison or death. The minimum amount of jail time associated with a felony in Virginia is one year, along with a possible fine. There are six basic classes of felony offenses in Virginia (Code of Virginia § 18.2-9 and § 18.2-10).

 

  • Class 1 Felony

    A Class 1 Felony is the most serious of the felony charges in Virginia. This may include murder, rape, serious cases of assault, and serious financial crimes.

    Possible Punishments: Imprisonment for life and/or a minimum fine of $100,000.

  • Class 2 Felony

    A Class 2 Felony is a lesser degree of a crime classified as Class 1 felony. This may include manslaughter and bigamy.

    Possible Punishment: Prison time of at least 20 years to life and/or fines not to exceed $100,000.

  • Class 3 Felony

    A lesser degree of offenses from previous classes. This includes serious burglary offenses, drug possession, and sex crimes.

    Possible Punishments: Prison time of at least five years and no more than 20 years and/or fines not to exceed $100,000.

  • Class 4 Felony

    A lesser degree of offenses from previous classes. This may include some serious gun offenses and some human trafficking offenses.

    Possible Punishment: Prison time of at least two years and no more than ten years and/or fines not to exceed $100,000.

  • Class 5 Felony

    A lesser degree of offenses from previous classes. This may include certain sex crimes and drug possession crimes.

    Possible Punishments: Jail time of at least one year and no more than ten years of prison time and/or fines not to exceed $2,500.

  • Class 6 Felony

    The least serious felony charge that may apply in Virginia. This can include fraud and identity theft offenses.

    Possible Punishments: Jail time of at least one year and no more than five years of prison time and/or fines not to exceed $2,500.

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Client Testimonials

Working with Price Benowitz Law Firm during one of the most challenging times of my life was a true blessing. They provided me with the support, guidance, and legal expertise I desperately needed, and I am incredibly grateful for their help. It can be tremendously burdensome to deal with a challenging legal problem, but Price Benowitz Law Firm made my burden much less when I contacted them. They approached me with compassion and empathy, which made me feel heard and understood. They took the time to listen to my worries and offered confidence, which was very helpful at such a difficult time.

Sean

I can certify that Roberto Santos, since August 26, 2023, that I have the privilege of knowing him, since on that day we had an extremely serious traffic accident, where the 4 people who were in said car, including a child, were involved. We had to hire the professional services of Roberto Santos as a lawyer and from that moment Roberto has been with us assisting us in the hospital, later in constant medical therapies week by week, and thanks to this constant and daily concern the four members of the accident are recovering physically and psychologically after such a traumatic event for everyone. We are all sure that with Roberto Santos’s very professional treatise we will reach a happy legal conclusion.

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I would like to say Thank you to Damien Smith at Price Benowitz for his support. I do not why I trusted him from the first day we spoke. I Do not want to go into details about my case but all I want you guys to know is that Damien Smith, understood me and fought for me. I trusted the law firm I strongly recommend him to anyone. Do not hesitate to hire him. He is just a great lawyer.

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After getting rear-ended, my car was totaled and medical bills were piling up. Maxwell, Tina, and Carolina were so helpful as they assisted and guided me through the process of working with other insurance companies. I was able to sit back and let them handle everything, and they kept me in the loop with frequent updates. They were extremely professional and they genuinely cared to make sure I understood everything before making a decision to settle the case. I appreciate all of their hard work and would recommend them to anyone looking for a personal injury attorney!

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My experience with Price Benowitz LLP was nothing short of exceptional. I cannot say enough about the office and staff here, they helped me with the my claims for my car accident where I sustained right knee injuries. Carolina and Tina both tracked my progress and consistently updated me with next steps and progress of my claim. They strive to give me the best possible service they could and succeeded beyond my expectations. John provided the follow through and and persistence and accomplished a settlement that worked out for everyone. I couldn’t be happier with the results, service, and just actual caring that I received from everyone involved in my case.

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I loved working with the folks at Price Benowitz. They worked very hard and I can truly say that I got a very fair settlement because of the work that was done by the Lawyers at Price Benowitz. I would use them again and I highly recommend Price Benowitz Law firm to anyone and everyone.

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Price Benowitz is a great office to go to if you need help in the DC area. They are professional and kind-hearted people that will help you every step of the legal process
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Best attorneys I have found for my wife’s personal injury claim. Attorneys and their staff are dedicated, honest and professional.

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