Attempt To Commit A Felony Lawyer Richmond Virginia — What Are Your Defense Options?
An attempt to commit a felony charge in Richmond, Virginia, is a serious offense prosecuted under Va. Code § 18.2-26, carrying penalties nearly as severe as the completed crime. You need a dedicated criminal attorney to challenge the prosecution’s evidence of intent and substantial step. Law Offices Of SRIS, P.C. provides a strategic defense for these complex charges.
Virginia Law on Attempt to Commit a Felony
In Virginia, the crime of attempt is defined separately from the underlying felony. The statute, Va. Code § 18.2-26, establishes that any person who attempts to commit a felony is guilty of a offense one classification lower than the felony attempted. For example, an attempt to commit a Class 5 felony (punishable by 1-10 years) becomes a Class 6 felony (punishable by 1-5 years). The prosecution must prove two key elements beyond a reasonable doubt: (1) the specific intent to commit the underlying felony, and (2) a direct, overt act toward its commission that goes beyond mere preparation. Founded in 1997 by former prosecutor Mr. Sris, our firm understands how intent is argued in Richmond courts.
Last verified: April 2026 | Richmond County General District Court | Virginia General Assembly
Official Legal Resources
Defending an Attempt Charge in Richmond
The core of an attempt case is the defendant’s intent and actions. Prosecutors in Richmond must show you took a “substantial step” toward the crime. A strong defense lawyer will attack this by arguing your actions only amounted to preparation, not a direct attempt, or that you lacked the specific intent to complete the felony. The assigned procedural fact for Richmond County notes it is a designated legal desert, meaning local defense resources can be scarce, underscoring the value of experienced counsel.
- Initial Arrest & Charge: You will be arrested and charged with attempt to commit a felony. The initial hearing will be in Richmond County General District Court.
- Preliminary Hearing: Your defense lawyer can challenge the probable cause for the charge at a preliminary hearing, arguing the evidence does not support the required intent or overt act.
- Grand Jury Indictment: For felony attempts, the case will be presented to a grand jury in the Circuit Court for indictment.
- Pre-Trial Motions: Your attorney will file motions to suppress evidence or dismiss the charge if the prosecution’s case is weak on the elements of attempt.
- Plea Negotiation or Trial: Based on the strength of the defense, your lawyer will negotiate for a reduction or dismissal, or proceed to a jury trial to argue the lack of intent or substantial step.
Potential Penalties for Attempt to Commit a Felony
In Richmond, Virginia, an attempt to commit a felony carries a penalty one class lower than the completed felony, which can still mean significant incarceration, fines, and a permanent criminal record.
| Offense Attempted | Attempt Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Class 5 Felony (e.g., Grand Larceny) | Class 6 Felony | 1-5 years (or up to 12 months jail) | Up to $2,500 | Permanent felony record, loss of firearm rights, employment barriers |
| Class 4 Felony (e.g., Aggravated Malicious Wounding) | Class 5 Felony | 1-10 years | Up to $2,500 | Permanent felony record, loss of firearm rights, professional license revocation |
| Class 3 Felony (e.g., Arson) | Class 4 Felony | 2-10 years | Up to $100,000 | Permanent felony record, severe employment and housing restrictions |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Attempt and Conspiracy Charges
Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined attorney experience, we have handled thousands of criminal cases, including complex charges like attempt and conspiracy. Our approach is built on a deep understanding of the intent element required for these crimes. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on serious felony matters. For attempt charges in Richmond, primary counsel is Matthew Greene, a criminal defense lawyer with over 30 years of experience, including former death penalty certification and a 14-year contract with Child Protective Services in Alexandria, giving him unique insight into how cases are built by the state.
Case Results for Serious Felony Charges
Our firm has a documented record of results across Virginia, Maryland, New Jersey, New York, and DC. While specific Richmond County results are integrated into our firm-wide count of 4,739+ documented results with a 93%+ favorable outcome rate, each attempt case is defended aggressively from the outset to seek dismissal or reduction.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Richmond County Residents
Law Offices Of SRIS, P.C.
Shenandoah Valley Location — 505 N Main St, Suite 103
Woodstock, VA 22664
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Our Shenandoah Valley location serves Richmond County residents. We provide 24/7 phone consultations at (888) 437-7747, with meetings by appointment only. We serve clients in Warsaw, Montross, Tappahannock, and surrounding Northern Neck communities.
FAQs: Attempt to Commit a Felony Charges
Is “attempt” considered a felony in Virginia?
Yes. An attempt to commit a felony is itself a felony under Virginia law, classified one level lower than the crime attempted.
What is the main difference between attempt and conspiracy?
It depends. Attempt requires an individual’s intent and a substantial step toward the crime. Conspiracy requires an agreement between two or more people to commit a crime, plus an overt act by any conspirator. A skilled criminal charges defense will exploit the distinct elements of each.
Can I be charged with both the attempt and the completed crime?
No. Virginia law typically prohibits convicting a person for both the attempt and the completed felony for the same criminal act.
What defenses are common against attempt charges?
Common defenses include lack of specific intent, abandonment of the criminal effort, impossibility, and that the actions only amounted to preparation. A capable criminal court lawyer will investigate all angles to challenge the prosecution’s case.
How long does an attempt to commit a felony case take?
These cases can take 6 to 18 months from arrest to resolution, depending on the complexity of evidence, court scheduling, and whether the case proceeds to trial in Circuit Court.
Last verified: April 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.