Attempt To Commit A Felony Lawyer in Southampton County, VA — What Are Your Defense Options?
An attempt to commit a felony in Southampton County is a serious offense under Virginia law, often charged as a Class 5 felony carrying up to 10 years in prison. Law Offices Of SRIS, P.C. provides a strong defense for those facing these complex criminal charges.
Virginia Law on Attempt to Commit a Felony
In Virginia, the crime of attempt is defined under the common law and codified in statutes like Va. Code § 18.2-26. An attempt to commit a felony occurs when an individual, with the specific intent to commit a felony, takes a direct but ineffectual act toward its commission. The prosecution must prove beyond a reasonable doubt that you had the intent to commit the underlying felony and performed an overt act that went beyond mere preparation. This is a distinct charge from the completed felony itself, but the penalties can still be severe.
Last verified: April 2026 | Southampton County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of Virginia’s attempt statute, refer to Va. Code § 18.2-26 (official Virginia General Assembly). For local court procedures, visit the Southampton County General District Court website.
Defending an Attempt Charge in Southampton County
Successfully defending against an attempt to commit a felony charge requires challenging both the intent and the act. A common defense is to argue that the defendant lacked the specific intent to commit the underlying felony. Another strategy is to demonstrate that the actions taken did not constitute a substantial step toward completing the crime, but were merely preparatory. In Southampton County, early intervention by a defense lawyer is critical to investigate the facts, secure evidence, and negotiate with prosecutors before formal charges are solidified in Circuit Court.
- Initial Arrest & Charge: You may be arrested and charged following an investigation. The charge will specify the felony you allegedly attempted.
- General District Court Hearing: Your first appearance will be in Southampton County General District Court for a bond hearing and a preliminary hearing to determine probable cause.
- Grand Jury Indictment: For felony attempts, the case is typically presented to a grand jury in the Circuit Court, which issues a formal indictment (“true bill”).
- Circuit Court Arraignment: You will be arraigned in Southampton County Circuit Court, where you formally enter a plea of not guilty.
- Pre-Trial Motions & Negotiations: Your attorney will file motions to suppress evidence and negotiate with the Commonwealth’s Attorney for a potential reduction or dismissal.
- Trial or Disposition: The case proceeds to a jury trial in Circuit Court or is resolved through a plea agreement.
Potential Penalties for Attempt to Commit a Felony
In Southampton County, an attempt to commit a felony is generally punished as a Class 5 felony, which carries a prison sentence of 1 to 10 years, or in the discretion of the jury or court, confinement in jail for up to 12 months and a fine of up to $2,500.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Attempt to Commit Felony (e.g., robbery, burglary, distribution) | Class 5 Felony* | 1 – 10 years in prison OR up to 12 months in jail | Up to $2,500 | Permanent criminal record, loss of voting rights, difficulty obtaining employment/housing. |
| Attempt to Commit Certain Specific Felonies (per § 18.2-26) | Varies (e.g., Class 6, Class 4) | As prescribed for the specific attempt crime | As prescribed by statute | Same as above; may include sex offender registration if underlying felony is a registrable offense. |
*The classification is generally one class lower than the completed felony, but specific statutes like Va. Code § 18.2-26 dictate the penalty for attempts of certain crimes.
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Complex Criminal Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ documented results with a 93%+ favorable outcome rate. We understand that an attempt charge hinges on nuanced interpretations of intent and action, and we build defenses that challenge the prosecution’s case at its core. Our team, including attorney Matthew Greene who brings over 30 years of experience including former death penalty certification, is prepared to defend your rights in Southampton County.
Case Results & Client Advocacy
Our firm has a proven track record in defending against serious felony charges, including attempts. While every case is unique, our strategic approach focuses on securing dismissals, reductions in charges, or favorable plea agreements to minimize the impact on our clients’ lives. We have successfully argued motions to dismiss attempt charges where the evidence of a substantial step was lacking.
Results may vary. Prior results do not aim for a similar outcome.
Southampton County Attempt to Commit a Felony Defense Lawyer Near You
If you are facing an attempt to commit a felony charge in Southampton County, immediate legal counsel is essential. Our Richmond location serves Southampton and surrounding communities, providing accessible representation for cases in the Southampton County courts. We offer 24/7 phone consultations to discuss your situation.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Ste 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417 | Local: (804) 294-0917
By appointment only.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
FAQs: Attempt to Commit a Felony Charges in Virginia
Is “attempt” considered a felony in Virginia?
Yes. An attempt to commit a felony is itself a felony in Virginia. The severity (classification) is typically one class lower than the completed felony, but specific statutes dictate the exact penalty.
What is the difference between preparation and attempt?
It depends on the nature of the act. Preparation involves planning or getting ready to commit a crime. Attempt requires a direct, substantial step toward committing it that goes beyond mere preparation. This distinction is often the central dispute in an attempt case and requires analysis by a criminal court lawyer.
Can I be charged with both attempt and the completed felony?
No. Under Virginia law, you cannot be convicted of both the attempt and the completed felony for the same criminal act. The prosecution must choose to pursue one charge or the other.
What defenses are available against an attempt charge?
Common defenses include lack of specific intent, impossibility (legal or factual), abandonment/withdrawal, and that your actions only amounted to preparation. A skilled criminal charges defense attorney can evaluate which defense applies to your case.
Should I talk to the police if I’m under investigation for attempt?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and immediately request to speak with a criminal attorney. Statements you make can be used to prove the intent element of the attempt charge.