Virginia Attempt Lawyer — What Are Your Defense Options?
An attempt charge in Virginia is a serious offense prosecuted under the same statute as the completed crime, with penalties that can be severe. If you are facing an attempt charge, you need a strategic defense. The Law Offices Of SRIS, P.C. has extensive experience defending clients against complex criminal charges in Virginia courts.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
What Is an Attempt Charge Under Virginia Law?
In Virginia, the crime of “attempt” is defined as taking a substantial step toward committing a crime with the specific intent to complete it. The attempt is prosecuted under the same statute as the intended crime. For example, an attempt to commit grand larceny is charged under the grand larceny statute, Va. Code § 18.2-95. The prosecution must prove beyond a reasonable doubt that you had the intent to commit the crime and performed an overt act that went beyond mere preparation. A skilled criminal attorney will scrutinize both the intent and the act to build a strong defense.
Official Legal Resources
Understanding the law is critical. You can review the Virginia Criminal Code, Title 18.2, on the official Virginia General Assembly website. For specific court procedures and forms, visit the Virginia Judicial System website.
- Secure Immediate Legal Representation: Contact a criminal defense lawyer as soon as you are charged or under investigation. Do not speak to law enforcement without an attorney present.
- Case Analysis and Investigation: Your attorney will obtain all discovery from the prosecution, review police reports, and investigate the facts to identify weaknesses in the case against you.
- Develop a Defense Strategy: Based on the evidence, your lawyer will formulate a defense. Common defenses to attempt charges include lack of specific intent, abandonment of the attempt, or that your actions did not constitute a “substantial step.”
- Negotiation or Trial: Your attorney will engage with the prosecutor, seeking a dismissal or favorable plea agreement. If a fair offer is not made, they will be prepared to take your case to trial and argue your defense before a judge or jury.
In Virginia, an attempt charge carries the same classification and potential penalties as the completed crime, though a judge may impose a somewhat lesser sentence at their discretion.
| Intended Crime (Example) | Classification | Potential Incarceration | Potential Fine | Additional Consequences |
|---|---|---|---|---|
| Attempted Grand Larceny ($1,000+) | Felony | 1-20 years (or up to 12 months) | Up to $2,500 | Permanent felony record |
| Attempted Robbery | Felony | 5 years to life | At court’s discretion | Violent felony record |
| Attempted Assault & Battery | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Protective order, loss of firearm rights |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Attempt Charge Defense
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We provide “Advocacy Without Borders,” offering relentless defense for clients across Virginia. Our team includes former prosecutors and a former Virginia State Trooper, giving us unique insight into how the other side builds cases.
Case Results and Client Advocacy
Our firm has a proven record of achieving positive results in complex criminal cases. While every case is unique, our strategic approach focuses on challenging the prosecution’s evidence of intent—the core element of any attempt charge. We work collaboratively; for instance, Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases, ensuring every defense is thorough.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Attempt Defense Lawyers Near You
Our Virginia attorneys are accessible across the state. We offer 24/7 phone consultations at (888) 437-7747. Meetings are held by appointment only at our convenient locations to discuss your criminal charges defense.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions (Attempt Charges in Virginia)
Is “attempt” a separate crime in Virginia?
No. Virginia does not have a general attempt statute. An attempt to commit a crime is prosecuted under the same statute as the completed crime itself (e.g., attempted murder is charged under the murder statute).
What must the prosecution prove for an attempt conviction?
The prosecution must prove two elements beyond a reasonable doubt: (1) you had the specific intent to commit the underlying crime, and (2) you took a direct, substantial step toward committing it that went beyond mere preparation. A strong defense often challenges the evidence for either element.
Can I be charged with both attempt and the completed crime?
Generally, no. Under Virginia law, you cannot be convicted of both attempting a crime and completing that same crime. The prosecution will typically proceed on the completed charge if possible, or the attempt charge if the crime was not finished.
What are common defenses to an attempt charge?
Common defenses include lack of specific intent, abandonment (voluntarily giving up the attempt), impossibility, or that your actions did not constitute a “substantial step” as defined by law. A criminal court lawyer can evaluate which defense applies to your situation.
Should I talk to the police if I’m suspected of an attempt?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and immediately contact a defense lawyer. Statements you make can be used to prove intent, a critical element of the charge.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
An attempt case is one part of general federal criminal defence work, and our page on accessory after the fact lawyer Virginia covers the wider process.