Attempt To Commit A Felony Lawyer Virginia — What Are Your Defense Options?
An attempt to commit a felony in Virginia is a serious offense prosecuted under Va. Code § 18.2-26, often carrying penalties just shy of the completed felony. If you are charged, you need a defense lawyer experienced in Virginia’s criminal court system. Law Offices Of SRIS, P.C.
Virginia Law on Attempting to Commit a Felony
Virginia law treats an attempt to commit a felony as a distinct crime. The statute, Va. Code § 18.2-26, outlines the penalties, which are typically one classification lower than the felony attempted. For example, attempting a Class 5 felony becomes a Class 6 felony. The prosecution must prove you took a direct, substantial step toward committing the felony, with the specific intent to complete it. This is more than mere preparation.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
For the official text of the attempt statute, refer to the Virginia Code § 18.2-26. For court procedures and forms, visit the Virginia Judicial System website. These .gov resources provide the foundational law and procedure governing your case.
Defending an Attempt Charge in Virginia Courts
Virginia prosecutors aggressively pursue attempt charges. A key local procedural fact is that the commonwealth must prove both intent and a direct act beyond mere planning. Defense often focuses on attacking the “substantial step” element or arguing a lack of specific intent. In many jurisdictions, plea negotiations may involve reducing the charge to a misdemeanor if the evidence of intent is weak.
- Secure Immediate Legal Counsel: Do not speak to investigators without an attorney present. Call a defense lawyer immediately.
- Case Analysis & Evidence Review: Your attorney will scrutinize police reports, witness statements, and physical evidence to identify weaknesses in the prosecution’s proof of intent or action.
- Develop a Defense Strategy: This may involve filing a motion to suppress evidence, arguing for dismissal based on lack of a substantial step, or negotiating for a reduced charge.
- Prepare for Trial or Resolution: If a favorable plea cannot be reached, your attorney will prepare a vigorous trial defense focused on creating reasonable doubt about your intent.
Potential Penalties for Attempting a Felony in Virginia
In Virginia, an attempt to commit a felony is punished at a level one class below the felony attempted, which can still mean significant jail time, fines, and a permanent criminal record.
| Felony Attempted | Attempt Classification | Incarceration | Fine | Long-Term Impact |
|---|---|---|---|---|
| Class 1, 2, or 3 Felony | Class 4 Felony | 2-10 years | Up to $100,000 | Loss of firearm rights, employment barriers |
| Class 4 Felony | Class 5 Felony | 1-10 years (or up to 12 months jail) | Up to $2,500 | Permanent felony record |
| Class 5 Felony | Class 6 Felony | 1-5 years (or up to 12 months jail) | Up to $2,500 | Permanent felony record |
| Class 6 Felony | Class 1 Misdemeanor | Up to 12 months jail | Up to $2,500 | Misdemeanor record |
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 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 track record includes 4,739+ documented results with a 93%+ favorable outcome rate. We understand the high stakes of an attempt charge and provide a focused, strategic defense. Our approach is “Advocacy Without Borders,” committed to protecting your rights and future.
Our Experience with Criminal Charges Defense
Our team has successfully defended clients against a wide range of attempt charges across Virginia. For example, we have secured dismissals of attempted burglary charges by challenging the evidence of intent, and negotiated reductions of attempted grand larceny to misdemeanors. In one case, attorney Matthew Greene, with over 30 years of experience including a former contract with Child Protective Services, successfully argued for the suppression of key evidence in an attempted assault case, skilled to a dismissal.
Results may vary. Prior results do not aim for a similar outcome.
Contact a Virginia Attempt to Commit a Felony Lawyer Near You
If you are facing an attempt to commit a felony charge, time is critical. Our firm serves clients throughout Virginia. We offer 24/7 phone consultations and meet with clients by appointment at our offices across the state to provide accessible legal support.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
FAQs: Attempt to Commit a Felony Charges in Virginia
Is “attempt” treated as seriously as the actual felony in Virginia?
No, but it is still very serious. An attempt to commit a felony is punished one classification level lower than the completed crime. However, a Class 6 felony attempt becomes a Class 1 misdemeanor, which still carries up to 12 months in jail.
What does the prosecution have to prove for an attempt conviction?
The prosecution must prove two things beyond a reasonable doubt: 1) You had the specific intent to commit the felony, and 2) You took a direct, substantial step toward committing it that went beyond mere preparation. A strong criminal charges defense often challenges one or both of these elements.
Can an attempt charge be dropped or reduced?
Yes. If the evidence of intent or the substantial step is weak, a defense lawyer may file a motion to dismiss. Often, these cases are resolved through negotiation, where the charge may be reduced to a misdemeanor like disorderly conduct or attempted misdemeanor, which carries lesser penalties.
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 establish intent, a critical element of the attempt charge.
What is a “substantial step” under Virginia law?
It is an act that strongly corroborates your intent to commit the crime and is more than just planning. Examples could include traveling to the location with tools, attempting to pick a lock, or making a direct solicitation. The line between preparation and a substantial step is a common area for legal argument.