Virginia Second Degree Child Sexual Abuse Lawyer — What Are Your Defense Options?
Second degree child sexual abuse in Virginia is a serious felony under Va. Code § 18.2-67.4:2, carrying 1 to 20 years in prison and mandatory lifetime sex offender registration. A conviction has life-altering consequences. As a Virginia second degree child sexual abuse lawyer, Law Offices Of SRIS, P.C. provides a full defense, challenging evidence and protecting your rights.
Virginia Law on Second Degree Child Sexual Abuse
Virginia law defines second degree child sexual abuse as an act committed against a child under the age of 13 that would constitute sexual battery if committed against an adult. The specific statute is Va. Code § 18.2-67.4:2. This charge is distinct from first-degree abuse, which involves more severe acts or aggravating factors. The prosecution must prove the defendant’s age (18 or older), the victim’s age (under 13), and the specific sexual act beyond a reasonable doubt. Defenses often focus on mistaken identity, lack of intent, or challenging the credibility of the evidence.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
For the exact legal language, refer to the official Va. Code § 18.2-67.4:2 (official Virginia General Assembly). For court procedures and forms, visit the Virginia Judicial System website.
Defense Strategy for a Virginia Second Degree Child Sexual Abuse Charge
Building a defense requires immediate action. In Virginia, these cases are prosecuted aggressively. A common local procedural fact is that bond is frequently denied or set very high for violent sex offenses, and if granted, often includes strict conditions like GPS monitoring. The defense must immediately secure and review all discovery, including forensic reports and interview records.
- Secure Immediate Legal Representation: Contact a lawyer before speaking to investigators. Anything you say can be used against you.
- Preserve All Evidence: Do not delete texts, emails, or social media. Your lawyer may need this for context.
- Understand the Charges: Your Virginia second degree child sexual abuse lawyer will explain the specific allegations and the evidence the Commonwealth must present.
- Investigate the Accusation: A thorough defense investigation examines the accuser’s motives, the timeline, and the collection of evidence.
- Develop a Defense Strategy: This could involve challenging the forensic evidence, presenting an alibi, or arguing mistaken identity.
- handle Court Proceedings: Your lawyer will represent you at all hearings, from bond arguments through potential trial or negotiations.
Potential Penalties for Second Degree Child Sexual Abuse in Virginia
In Virginia, a conviction for second degree child sexual abuse is a Class 6 felony, punishable by 1 to 20 years in prison, though sentencing guidelines may recommend a lower range based on criminal history.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Second Degree Child Sexual Abuse (Va. Code § 18.2-67.4:2) | Class 6 Felony | 1 – 20 years in prison | Up to $2,500 | N/A | Mandatory lifetime sex offender registration; possible GPS monitoring; loss of professional licenses; difficulty finding housing/employment. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Sex Crime Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our “Advocacy Without Borders” philosophy means we commit fully to defending clients against serious allegations. We understand the immense pressure and complexity of sex crime cases. Our team includes attorneys like Matthew Greene, who brings over 30 years of experience, including former certification for death penalty cases and a 14-year contract with Child Protective Services in Alexandria, providing deep insight into how these cases are investigated and prosecuted.
Documented Case Results
Our firm-wide record across VA, MD, NJ, NY, and DC includes 4,739+ documented results with a 93%+ favorable outcome rate. In sex crime cases, favorable outcomes can include charges being dropped, reduced to lesser offenses, or acquittals at trial. Every case is unique, and we fight for the best possible result in each.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients across Virginia. We offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only. If you need a sex crime defense lawyer near Virginia courts, contact us for a confidential case review.
Frequently Asked Questions
What is the difference between first and second degree child sexual abuse in Virginia?
It depends on the specific acts alleged and the presence of aggravating factors. First-degree offenses under Va. Code § 18.2-67.4:1 involve more severe acts, use of force, threats, or specific victim vulnerabilities, and carry higher mandatory minimum sentences. A sexual offense defense lawyer can analyze the specifics of your case.
Can I be required to register as a sex offender for a second degree charge?
Yes. A conviction for second degree child sexual abuse under Va. Code § 18.2-67.4:2 requires mandatory lifetime registration on the Virginia Sex Offender and Crimes Against Minors Registry.
What should I do if I am accused of this crime?
Immediately exercise your right to remain silent and contact a Virginia second degree child sexual abuse lawyer. Do not discuss the case with anyone except your attorney. A sex charges lawyer can protect your rights from the very beginning of the investigation.
What are common defenses to this charge?
Common defenses include mistaken identity, false accusation, lack of criminal intent, insufficient evidence, or challenging the validity of forensic interviews. An experienced sex crime defense attorney will investigate all angles to build your defense.
Is probation a possibility for this offense?
While possible, it is challenging for felony sex offenses against children. Judges heavily consider sentencing guidelines, the nature of the act, and the defendant’s history. Your lawyer can argue for alternatives to incarceration based on the specifics of your situation.
How long does a case like this typically take?
These cases are complex. A typical timeline from arrest to resolution in Circuit Court can range from 6 to 18 months or longer, depending on evidence analysis, pre-trial motions, and court scheduling.