Attempt to Commit a Felony Defense in Roanoke County, Virginia
An attempt to commit a felony in Roanoke County is a serious incomplete crime prosecuted under Virginia law. If you are charged, you need an experienced attempt to commit a felony lawyer in Roanoke County. The Law Offices Of SRIS, P.C. provides strong defense for charges like attempted robbery or assault.
Virginia Law on Attempt Crimes
In Virginia, an “attempt” to commit a felony is itself a crime, even if the intended felony was not completed. The law focuses on your intent and the actions you took toward committing the crime. The prosecution must prove you had the specific intent to commit the underlying felony and performed a direct, substantial act toward its commission—beyond mere preparation. This is a critical area where an attempted felony defense lawyer in Roanoke County can challenge the evidence.
Last verified: April 2026 | Roanoke County General District Court | Virginia General Assembly
Official Legal Resources
Understanding the statutes is key to your defense. The Virginia code defining attempt crimes is accessible through the Virginia General Assembly website (Va. Code § 18.2-26). For local court procedures, you can review information from the Roanoke County General District Court.
Local Court Process for Attempt Charges
Attempt charges in Roanoke County typically begin with an arrest and are heard in the Roanoke County General District Court for preliminary matters. The Commonwealth’s Attorney must prove both intent and a substantial step. An incomplete crime defense lawyer Roanoke County knows that prosecutors often rely on circumstantial evidence, such as possession of tools or communications planning the crime. The defense strategy frequently involves attacking the proof of intent or arguing that the defendant’s actions never progressed beyond mere preparation.
- Arrest & Initial Hearing: You will be arraigned in Roanoke County General District Court, where the charges are formally read.
- Evidence Review: Your attorney will file for discovery to obtain all police reports, witness statements, and physical evidence the prosecution intends to use.
- Motion to Suppress: If evidence was obtained illegally, your lawyer can file a motion to have it excluded from trial.
- Preliminary Hearing: The court determines if there is probable cause to believe you committed the crime. This is a key opportunity to challenge the prosecution’s case early.
- Trial or Plea Negotiation: Your attorney will advise you on whether to take the case to trial or seek a favorable plea agreement, such as a reduction to a misdemeanor.
Potential Penalties for Attempting a Felony
In Roanoke County, an attempt to commit a felony is generally punished as a Class 6 felony, which carries significant penalties, though the sentence is typically less severe than for the completed felony.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Attempt to Commit Felony (e.g., robbery, burglary) | Class 6 Felony* | 1 to 5 years in prison, or up to 12 months in jail | Up to $2,500 | Permanent felony record, loss of voting rights, difficulty finding employment and housing. |
| Attempt to Commit Certain Violent Felonies | Class 4 Felony* | 2 to 10 years in prison | Up to $100,000 | All Class 6 consequences, plus mandatory minimum sentences may apply. |
*The classification varies depending on the felony attempted. For example, attempt to commit murder is a Class 2 felony.
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Your Case
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our founding attorney, Mr. Sris, is a former prosecutor who understands how the Commonwealth builds attempt cases from both sides. We focus on constructing a defense that challenges the prosecution’s ability to prove the specific intent and substantial step required for a conviction. Attorney Matthew Greene, with over 30 years of experience including former death penalty certification, provides additional depth to our criminal defense team on complex felony matters.
Case Results & Client Advocacy
Our firm has a documented record of favorable outcomes in criminal cases. In Roanoke County, we have 34 total documented case results across all practice areas with a 94% favorable outcome rate. While every case is unique, our approach is consistent: we meticulously review the evidence, identify weaknesses in the prosecution’s theory of “attempt,” and fight to protect your future.
Results may vary. Prior results do not aim for a similar outcome.
Attempt to Commit a Felony Lawyer Near Roanoke County
Our Shenandoah/Woodstock location serves clients facing charges at the Roanoke County courts. We are accessible via I-81 and other major highways, serving communities including Salem, Vinton, Cave Spring, Hollins, and Catawba.
Law Offices Of SRIS, P.C.
505 N Main St, Suite 103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
Is “attempt” considered a felony in Virginia?
Yes. Under Va. Code § 18.2-26, an attempt to commit a felony is generally punishable as a Class 6 felony, which carries 1-5 years in prison. The specific class can be higher depending on the felony attempted (e.g., attempted murder is a Class 2 felony).
What is the main defense against an attempt charge?
It depends on the facts. Common defenses include lack of specific intent to commit the underlying crime, abandonment of the attempt, or that the defendant’s actions only amounted to preparation, not a substantial step. An experienced attempt to commit a felony lawyer Roanoke County can analyze the evidence to identify the strongest defense.
Can an attempt charge be dropped before trial?
Yes. If the evidence of intent or a substantial step is weak, your attorney can file a motion to dismiss or argue at the preliminary hearing. Prosecutors may also agree to drop the attempt charge in exchange for a plea on a lesser offense, especially if the evidence for the completed felony is insufficient.
How is “attempt” different from conspiracy or solicitation?
Attempt involves taking a substantial step toward committing a crime yourself. Conspiracy involves an agreement with another person to commit a crime. Solicitation involves asking or encouraging another person to commit a crime. Each has different elements that the prosecution must prove.
Should I talk to the police if I’m under investigation?
No. You have the right to remain silent. Anything you say can be used to establish your intent, which is a central element of an attempt charge. Politely decline to answer questions and request to speak with an attempted felony defense lawyer Roanoke County immediately.
Related Legal Resources
If you are facing an attempt to commit a felony charge, you may also want to learn about general criminal defense in Roanoke County. For a broader understanding of sex crime defenses in Virginia, visit our Virginia sex crime defense hub. We also assist clients in nearby jurisdictions like Shenandoah County.
Page last verified and updated: April 2026. Laws and procedures change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your attempt to commit a felony charge.