Criminal Attempt Lawyer Virginia — What Are Your Defense Options?
In Virginia, a criminal attempt is a serious offense prosecuted under Va. Code § 18.2-26, carrying penalties up to the maximum for the crime attempted. If you are charged, you need a Virginia criminal attempt lawyer from Law Offices Of SRIS, P.C. Our firm has handled thousands of criminal cases statewide, providing a strong defense against attempt charges.
Virginia’s Law on Criminal Attempt
Virginia law defines a criminal attempt as taking a substantial step toward committing a crime, with the specific intent to complete that crime. The charge does not require the crime to have been finished. The statute, Va. Code § 18.2-26, classifies attempt based on the felony attempted. For example, an attempt to commit a felony is punishable as a Class 6 felony, which carries up to 5 years in prison. An attempt to commit a misdemeanor is a Class 1 misdemeanor, punishable by up to 12 months in jail. The prosecution must prove both your intent and a direct action toward the crime.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
External Legal Resources
Understanding the law is critical. You can review the official Virginia statute on attempt: Va. Code § 18.2-26 (official Virginia General Assembly). For local court procedures, visit the Virginia Judiciary website to find information for your specific court.
Defending Against an Attempt Charge in Virginia
A key defense in an attempt case is challenging the element of intent. The prosecution must show you specifically intended to commit the underlying crime. A strong defense lawyer will also argue that your actions did not constitute a “substantial step” toward completing the crime. In Virginia courts, prosecutors must firmly establish both elements. For instance, merely discussing a crime is typically not enough; there must be concrete action.
- Secure Immediate Legal Counsel: Do not speak to investigators without a defense lawyer present. Contact a criminal attempt lawyer immediately.
- Case Analysis: Your attorney will review all police reports, witness statements, and evidence to identify weaknesses in the prosecution’s case regarding intent and action.
- Pre-Trial Motions: Your lawyer may file motions to suppress evidence obtained improperly or to dismiss the charge if the facts don’t meet the legal standard for attempt.
- Negotiation or Trial: Based on the evidence, your attorney will either negotiate for a reduction or dismissal of charges or prepare a vigorous trial defense to create reasonable doubt.
Potential Penalties for Criminal Attempt in Virginia
In Virginia, the penalty for a criminal attempt conviction is significant, often being just one step below the penalty for the completed crime itself.
| Attempted Crime | Attempt Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Attempted Felony (e.g., larceny, assault) | 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 obtaining employment. |
| Attempted Class 1 Misdemeanor | Class 1 Misdemeanor | Up to 12 months in jail | Up to $2,500 | Criminal record, possible probation. |
| Attempted Class 2/3/4 Misdemeanor | Same as misdemeanor attempted | Varies by class | Varies by class | Criminal record. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Criminal Attempt 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 case results with a favorable outcome rate over 93%. We understand that an attempt charge can derail your life, and we provide focused, strategic defense. Our tagline, “Advocacy Without Borders,” reflects our commitment to aggressive representation across Virginia.
Case Results for Criminal Charges
Our defense lawyers have a proven track record. Firm-wide across VA, MD, NJ, NY, and DC, we have 4,739+ documented results with a 93%+ favorable outcome rate. In Virginia, our team, including experienced attorney Matthew Greene, has successfully defended clients against attempt and other serious charges. Mr. Greene brings over 30 years of experience, including former death penalty certification and a 14-year contract with Child Protective Services in Alexandria, providing deep insight into complex criminal cases.
Results may vary. Prior results do not aim for a similar outcome.
Criminal Attempt Defense Lawyer Near You in Virginia
Facing an attempt charge is stressful. You need a local criminal court lawyer who knows the Virginia system. Our attorneys are available to meet by appointment across the state to provide a strong defense against your criminal charges.
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 — call (888) 437-7747 — with meetings by appointment only. Our Virginia defense team serves clients in all communities statewide.
Frequently Asked Questions
Is attempted murder a felony in Virginia?
Yes. Attempted murder is a Class 6 felony in Virginia, punishable by 1 to 5 years in prison, or up to 12 months in jail and a fine up to $2,500. The penalty can be more severe if specific aggravating factors are present.
Can I be charged with attempt if I changed my mind?
It depends. Virginia law requires a “substantial step” toward the crime. If you voluntarily and completely abandoned the plan before taking a substantial step, it may be a defense. However, simply changing your mind after significant action may not be enough to avoid charges.
What is the difference between conspiracy and attempt?
Conspiracy is an agreement between two or more people to commit a crime, plus an overt act. Attempt involves an individual taking a substantial step toward committing a crime with the intent to complete it. You can be charged with both.
Do I need a lawyer for an attempt charge?
Yes. The consequences of a conviction are severe, including jail time and a permanent criminal record. A skilled criminal attorney can challenge the evidence of intent and action, which are often the weakest parts of the prosecution’s case.
What defenses are common against attempt charges?
Common defenses include lack of specific intent, impossibility (the crime could not have been completed), and abandonment. A defense lawyer will analyze the facts to see if the prosecution can prove you took a substantial step with the required intent.
Related Pages: Virginia Criminal Defense Lawyer | Fairfax Criminal Defense Lawyer | Virginia Sex Crimes Lawyer
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.