Sexual Offense In The Fourth Degree Lawyer Virginia — What Are Your Defense Options?
A sexual offense in the fourth degree in Virginia is a serious Class 6 felony under Va. Code § 18.2-67.4:2, carrying 1 to 5 years in prison and mandatory sex offender registration. If you are charged, you need a sexual offense in the fourth degree lawyer Virginia from Law Offices Of SRIS, P.C.
Virginia Law on Fourth-Degree Sexual Offenses
Virginia law defines a sexual offense in the fourth degree under Va. Code § 18.2-67.4:2. This statute criminalizes sexual acts with a minor aged 15, 16, or 17 by a person who is at least five years older than the alleged victim, where the act is not considered rape, forcible sodomy, or object sexual penetration. The law is designed to address situations involving older teenagers and young adults where consent may be legally questionable due to the age difference and the minor’s status.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
For the full text of the law, refer to Va. Code § 18.2-67.4:2 (official Virginia General Assembly). For court procedures and forms, visit the Virginia Judicial System website.
Defending a Fourth-Degree Sexual Offense Charge in Virginia
Virginia prosecutors pursue these charges aggressively. A key local procedural fact is that bond is frequently denied for violent sex offenses; if granted, secured bond is typically $25,000-$500,000+. A strong defense requires immediate action. In Virginia courts, prosecutors often rely on digital evidence and witness statements. Our sex crime defense team examines every detail.
- Secure Immediate Legal Representation: Contact a sex crime attorney immediately after arrest or learning of an investigation. Do not speak to law enforcement without your lawyer present.
- Case Assessment & Evidence Review: Your sexual offense defense lawyer will obtain all discovery, including police reports, witness statements, and any digital or forensic evidence.
- Develop a Defense Strategy: Potential defenses may include challenging the alleged age, arguing a reasonable belief of the victim’s age, or contesting the factual allegations.
- Pre-Trial Motions & Negotiations: Your lawyer may file motions to suppress evidence or negotiate with the Commonwealth’s Attorney for a reduction or dismissal of charges.
- Trial Preparation or Resolution: If a plea agreement is not in your best interest, your attorney will prepare a full trial defense to fight the charges in court.
Penalties for a Fourth-Degree Sexual Offense Conviction
In Virginia, a sexual offense in the fourth degree is a Class 6 felony punishable by 1 to 5 years in prison, or up to 12 months in jail and a fine up to $2,500 at the court’s discretion.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Sexual Offense in the Fourth Degree (Va. Code § 18.2-67.4:2) | Class 6 Felony | 1-5 years in prison (or up to 12 months in jail) | Up to $2,500 | None | Mandatory registration on the Virginia Sex Offender Registry; potential GPS monitoring; lasting social and professional stigma. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Virginia Sex Crime Defense Team
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We understand the severe, life-altering consequences of a sex crime conviction and provide a focused, strategic defense. Our team includes Matthew Greene, a seasoned sex crime defense lawyer with over 30 years of experience, including a 14-year contract with Child Protective Services in Alexandria, giving him unique insight into how these cases are investigated and prosecuted.
Documented Case Results in Sex Crime Defense
Our firm has a documented record of favorable outcomes in sex crime cases across Virginia. Firm-wide across VA, MD, NJ, NY, and DC, we have 4,739+ documented results with a 93%+ favorable outcome rate. These results include charges dismissed, reduced to lesser offenses, and not-guilty verdicts at trial.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Sexual Offense Defense Lawyer Near You
Our Fairfax location is centrally located to serve clients across Virginia. We are accessible via I-66, I-495, and Route 50. If you need a sexual offense in the fourth degree lawyer Virginia near Fairfax or anywhere in the state, we can help. We serve all Virginia communities. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Phone: (703) 636-5417
By appointment only.
Frequently Asked Questions
Is a fourth-degree sexual offense a felony in Virginia?
Yes. A sexual offense in the fourth degree is classified as a Class 6 felony under Virginia law. A conviction carries a potential prison sentence of 1 to 5 years and requires mandatory registration on the Virginia Sex Offender Registry.
What is the main difference between sexual battery and a fourth-degree sexual offense?
It depends on the ages involved. Sexual battery (Va. Code § 18.2-67.4) is generally a Class 1 misdemeanor involving unwanted sexual touching. A fourth-degree sexual offense is a specific felony that applies to sexual acts with a minor aged 15-17 by someone at least five years older. A sex crime attorney can analyze the specific facts of your case.
Can you avoid sex offender registration for this charge?
No. A conviction under Va. Code § 18.2-67.4:2 carries a mandatory requirement to register as a sex offender in Virginia. The duration of registration is typically for life. This is a critical reason to consult a sex charges lawyer immediately to build a defense aimed at avoiding a conviction.
What are common defenses to this charge?
Common defenses include challenging the victim’s age, presenting evidence of a reasonable belief that the victim was 18 or older, consent (in limited circumstances), mistaken identity, or lack of evidence. A sexual offense defense lawyer will investigate all possible defenses based on the evidence.
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. Factors like forensic evidence analysis, pre-trial motions, and court scheduling can extend the timeline. Your lawyer will manage the process and keep you informed.
Internal Resources
For more information, visit our Virginia sex crimes lawyer hub page. We also assist clients with related matters like Virginia traffic violations. To discuss your case with our team, contact us directly.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.