Attempt To Commit A Felony Lawyer in Bedford, VA — What Are Your Defense Options?
An attempt to commit a felony in Bedford, Virginia, is a serious criminal charge prosecuted under Va. Code § 18.2-26, carrying severe penalties. If you are facing these charges, you need a dedicated criminal attorney to defend you. The Law Offices Of SRIS, P.C. provides strong defense strategies for clients in Bedford County. Contact us for a case evaluation by appointment.
Virginia Law on Attempt To Commit A Felony
In Virginia, an attempt to commit a felony is a distinct crime from the completed felony itself. The statute, Va. Code § 18.2-26, defines the offense and its punishment. Essentially, the prosecution must prove you took a direct, substantial step toward committing a felony with the specific intent to complete it. This means your actions went beyond mere preparation. For example, purchasing tools for a burglary could be considered an attempt if coupled with intent. The penalties are significant, often a step below the punishment for the completed felony but still involving potential incarceration and fines. A seasoned defense lawyer is crucial to challenge the evidence of both the overt act and the criminal intent.
Last verified: April 2026 | Bedford County General District Court & Circuit Court | Virginia General Assembly.
Official Legal Resources
Building a Defense Against Attempt Charges in Bedford
Successfully defending against an attempt charge requires attacking the two pillars of the offense: the substantial step and the specific intent. In Bedford courts, prosecutors must demonstrate both beyond a reasonable doubt. A common defense is to argue that your actions never progressed beyond mere preparation, which is not enough for a conviction. Another strategy is to challenge the evidence of your intent, showing there was no firm purpose to complete the felony. For instance, witness testimony or lack of physical evidence can create reasonable doubt. An experienced criminal court lawyer will scrutinize police reports, witness statements, and forensic evidence for weaknesses.
- Initial Consultation & Case Review: Discuss the details of your arrest and charges with your attorney during a confidential meeting.
- Evidence Analysis: Your lawyer will obtain all discovery from the prosecution to identify flaws in their case regarding intent and action.
- Motion Practice: File pre-trial motions to suppress illegally obtained evidence or dismiss charges if the facts don’t support an “attempt.”
- Negotiation: Engage with the Commonwealth’s Attorney to seek a reduction of charges, such as to a misdemeanor, based on the evidence.
- Trial Preparation: If no fair plea is offered, prepare a vigorous trial defense focused on creating reasonable doubt for the jury.
Potential Penalties for Attempt To Commit A Felony in Virginia
In Bedford, an attempt to commit a felony is generally punishable by up to one-half the maximum sentence for the completed felony, which can mean years in prison for serious underlying crimes.
| Underlying Felony Attempted | Classification of Attempt | Potential Incarceration | Potential Fine |
|---|---|---|---|
| Class 6 Felony (e.g., Grand Larceny) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 |
| Class 5 Felony | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 |
| Class 4 Felony | Class 5 Felony | 2-10 years (or up to 12 months) | Up to $2,500 |
| Class 3 Felony | Class 4 Felony | 2-10 years | Up to $100,000 |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Attempt To Commit A Felony Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings decades of combined experience to criminal defense. Our founding attorney is a former prosecutor who understands how the Commonwealth builds its cases from the inside. We approach each attempt to commit a felony charge with a detailed, case-specific strategy, focusing on the critical elements the prosecution must prove. Our team is committed to providing assertive representation for clients in Bedford and throughout Virginia.
Case Results & Client Advocacy
The Law Offices Of SRIS, P.C. has a documented record of advocating for clients facing serious charges. While every case is unique, our approach is consistently thorough. We investigate all aspects of the arrest and alleged conduct to protect your rights and future. For an attempt to commit a felony charge, having a skilled defense lawyer can make a critical difference in the outcome.
Results may vary. Prior results do not aim for a similar outcome.
Local Bedford Defense Services
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (540) 318-8184
By appointment only.
24/7 phone consultations — meetings by appointment only.
We serve clients throughout Bedford County and the surrounding region. If you need an attempt to commit a felony lawyer near Bedford, our firm is accessible and ready to discuss your case.
Frequently Asked Questions (FAQs)
What is the difference between an attempt and a completed felony in Virginia?
Yes. An attempt requires proof of a substantial step toward the crime with specific intent, but the crime was not finished. A completed felony requires all elements of the offense to have been carried out. The penalties for an attempt are typically less severe.
Can an attempt to commit a felony charge be reduced to a misdemeanor?
It depends. The classification of the attempt charge is based on the underlying felony. For some felonies, the attempt is automatically a misdemeanor. For others, a skilled criminal charges defense attorney may negotiate a reduction based on the evidence and your background.
What is a “substantial step” under Virginia law?
A substantial step is an action that strongly corroborates the defendant’s criminal intent and goes beyond mere preparation. It must be a direct movement toward committing the felony. Examples include casing a building to burglarize or possessing counterfeit tools with a plan.
Do I need a lawyer for an attempt charge even if I didn’t complete the crime?
Yes. An attempt to commit a felony is a serious criminal charge with lasting consequences, including a permanent record and possible jail time. A criminal attorney is essential to challenge the prosecution’s evidence of your intent and actions.
What are common defenses to an attempt charge?
Common defenses include lack of specific intent, abandonment of the criminal effort, impossibility, and that the actions only amounted to preparation. Your defense lawyer will analyze the facts to identify the strongest argument for your case.
Bedford cases are handled by our Virginia attempt to commit a felony practice, where the whole process is set out.