DEFENSE STRATEGIES IN FAIRFAX, VA - CRIMINAL ATTORNEYS
Preparing a foolproof defense strategy is fundamental in every criminal case. Lawyers who are routinely representing criminal cases are familiar with the procedures and can easily layout an impeccable defense that is uniquely conceived especially for the client. If you desperately want to obtain dismissal of your charge, it is prudent to get in touch with the attorneys at The Law Offices of SRIS, P.C., Fairfax, VA.
The proficient criminal attorneys in Fairfax, Virginia at The Law Offices of SRIS, P.C. are highly capable of analyzing and judging the client’s situation. On being approached, our Fairfax criminal attorneys promptly identify the loopholes in your charge and work out smart strategies in your favor. The lawyer you choose works towards getting your charges dismissed or makes sure the penalties are as minimal as possible.
CLASSIFICATION OF CRIMINAL OFFENSES - FELONIES & MISDEMEANOR
Are you under investigation for a criminal offense in Fairfax Virginia? Do not wait to connect with the top criminal attorney in Fairfax, because no charge should be taken lightly. The Criminal Attorneys in Fairfax at The Law Offices of SRIS, P.C. will work extensively to collect evidence and take steps to protect the client from being manipulated. Our attorneys will make a profound analysis of your case and will inform you whether you have been charged with a felony or misdemeanor.
FELONIES ARE CLASSIFIED INTO SIX CLASSES:
A criminal attorney in Fairfax, Virginia will update you that there are six felonies based on the seriousness of the offense:
- Class 1 Felony – Punishable by life imprisonment and fines up to $100,000. If the person accused is above 18 years and has no mental disabilities, the court may award the death sentence.
- Class 2 Felony – Punishable by life imprisonment or a term of 20 years and above and a fine of up to $100,000.
- Class 3 Felony – Punishable by imprisonment for a term of 5 to 20 years and a fine of up to $100,000.
- Class 4 Felony – Punishable by imprisonment for a term of 2 to 10 years and a fine of up to $100,000.
- Class 5 Felony – Depending upon the decision of the Judge and various other factors, class 5 felonies are classified either as a felony or misdemeanor. Punishable by imprisonment for a term of 1 to 10 years in prison (felony), or up to 12 months in jail and a fine of $2,500 (misdemeanor).
- Class 6 Felony – These offenses are typically punishable for a term of 1 to 5 years in prison (felony), or up to 12 months in jail and a fine of $2,500 in cases (misdemeanor).
MISDEMEANORS IN FAIRFAX, VIRGINIA
MISDEMEANORS ARE CLASSIFIED INTO FOUR CLASSES IN FAIRFAX, VA:
On retaining the Criminal attorneys in Fairfax, Virginia at The Law Offices of SRIS, P.C. you will be warned about the punishments imposed for each misdemeanor:
- Class 1 misdemeanor – Punishable by Imprisonment in jail for a maximum of twelve months and a fine up to $2,500, either or both.
- Class 2 misdemeanor – Imprisonment for a maximum of six months and a fine up to $1,000, either or both.
- Class 3 misdemeanor – A fine of not more than $500.
- Class 4 misdemeanor – A fine of not more than $250.
Though misdemeanor charges are less serious, it is not advisable to proceed without the help of a lawyer.
KNOW YOUR CHARGE IN VIRGINIA
When accused of a criminal offense, it is best to consult a criminal attorney in Fairfax Virginia, as it will enable you to know of the charges you face. A misdemeanor is a less serious crime than a felony, with a maximum jail sentence of one year. A criminal attorney in Fairfax, Virginia will apprise you that sex crimes, high-value property crimes, and serious drug crimes are generally considered felonies and carry prison sentences of up to life in prison. Certain crimes, such as DUI and assault, may fall either under misdemeanor or felony, depending on the circumstances in which the offense was committed. For example, the first DUI offense is a misdemeanor punishable by up to a year in jail, but subsequent offenses may be charged as felony DUIs. Fairfax attorneys will explain the difference by stating that while assault is a misdemeanor, aggravated assault is a felony.
Regardless of the circumstances that led to a criminal charge, if you are accused of a criminal offense in Virginia, it is wise to be updated about the charges you face. Criminal convictions in Fairfax, Virginia can carry serious consequences as the defendant not only faces a potential loss of freedom but also encounters serious repercussions such as social stigma, loss of job opportunities, loss of the right to own or possess a firearm, loss of the right to vote, etc. Deciding to proceed with your charge by yourself can be disastrous. The risks are too high and the outcome will impede your personal goals.
CRIMINAL OFFENSES RELATING TO DRUGS IN VIRGINIA
A criminal attorney in Fairfax, Virginia will inform you that drug offenses are serious in Virginia. In Virginia, drug-related offenses include drug possession, distribution, and manufacture. These offenses are considered serious and severe penalties are imposed.
Any criminal attorney in Fairfax, Virginia will apprise you that to charge a person with drug possession, the following elements need to be proved:
- Knowingly possessing a controlled substance
- Intentionally possessing a controlled substance
A criminal defense attorney in Fairfax, Virginia focuses his defense on the theory that the accused had no knowledge about the offense and that the accused did not have the intent to possess the drug. In drug possession cases, a criminal attorney in Fairfax, Virginia will disclose to you that the prosecution has the burden to prove that the accused knew that the substance was illegal and had knowledge about where the drug was located. Also, the prosecution should satisfy the additional burden of proving intent, by substantiating that the accused had control over the substance. A criminal attorney in Fairfax, Virginia will brief you that the mere ownership of a vehicle or a property does not make one guilty of the offense.
Retaining aggressive criminal defense attorneys is critical for your charge in Fairfax as the perfect defense plan is crafted only by the best criminal attorneys in Fairfax, VA.
Actual possession and constructive possession in drug possession cases:
A criminal attorney in Fairfax, Virginia representing you in a drug possession case will familiarize you with the concepts of actual possession or constructive possession. Any criminal attorney in Fairfax, Virginia, indicate to you that in cases where the prosecution is unable to prove that the accused was actually in possession of the drug, the commonwealth proves that the drug was constructively possessed. By constructive possession, the prosecution attempts to make the accused responsible for the offense by showing that he was in close proximity to the substance. A criminal attorney in Fairfax, Virginia will inform you that mere proximity is insufficient to make one guilty of the offense. The prosecution should additionally prove knowledge. Circumstantial evidence tends to play a major role in drug possession cases.
Drug distribution in Virginia:
Know from a criminal attorney in Fairfax, Virginia that the offense of drug distribution includes the acts of selling prohibited drugs. The most common defense in drug distribution cases is that the offense was used for personal use and was not intended for commercial distribution.
What the prosecution has to prove in drug distribution cases:
A criminal attorney in Fairfax, Virginia will apprise you that the prosecution has the burden of proving that:
- Be informed by a criminal attorney in Fairfax, Virginia about how crucial the packaging of drugs is for your charge. The drug has been packaged in such a manner indicating that it has been possessed with the intent to distribute.
- Be warned by a criminal attorney in Fairfax, Virginia that the quantity decides the direction in which the drug case will proceed. If the quantity of the drugs in question is not high, courts have held that the drug is being possessed for personal use. A criminal attorney in Fairfax, Virginia will reveal to you that the personal use presumption applies if possession is less than one ounce of the drug.
- In drug distribution cases in Fairfax, Virginia, police officers play a vital role by providing testimony about possession of drugs for distribution. Criminal attorneys in Fairfax, Virginia challenge the testimony of the police officer by aggressive cross-examination to prove the innocence of the accused.
- During the search in Fairfax, Virginia, if large amounts of cash are seized, it is evidence of drugs being possessed for distribution. It is the burden of the criminal attorney to prove that the accused has some other valid ground for possessing the cash.
Know from a criminal attorney in Fairfax, Virginia that the penalty for distribution of a controlled substance in Virginia is based on the category (or Schedule) of the controlled substance that was distributed.
Distribution of drugs to minors
Take the help of skilled criminal attorneys in Fairfax, Virginia for your charge of drug distribution to a minor. A criminal attorney in Virginia will apprise you about the elements of drug distribution to minor:
- Accused who is over 18 years old
- Should have intentionally
- Sold or distributed in any manner a controlled substance
- To minor who is three years younger than hi,
- A Criminal attorney in Fairfax, Virginia will instruct you that drug distribution to minor is punishable with penalties that may range between 10 years to 50 years and a fine of $100,000.
Drug distribution restricted in certain areas:
The Virginia law specifically states that drugs should not be distributed near certain properties such as schools. A defense attorney will warn you that violation of this provision is considered a separate offense in addition to the actual offense of possession and distribution. A Criminal attorney in Fairfax, Virginia will warn you about what the VA law states about drug distribution near the premises of schools, universities, any public property located within 1000 feet of higher educational institution or daycare institution, school buses, school bus stops.
For your charge of drug distribution in restricted areas, immediately consult the criminal attorney in Fairfax, Virginia at The Law Offices of SRIS, P.C. to prepare a perfect defense strategy for your charge.
How to defend your driving under influence offenses?
Know from experienced criminal attorneys in Fairfax, Virginia about the important elements to be proved in driving under influence charges:
- That the accused was ‘driving’
- That the driver was intoxicated beyond the permissible level
Adept criminal attorneys in Fairfax, Virginia will inform you that the prosecution has the burden of proving that the accused was driving the vehicle when he was charged with DUI. Though it may sound simple, the concept of proving that the accused was driving at the time of the offense is a complicated one and has been discussed by the Virginia courts in several cases. In these cases, the court held that to prove that the accused was driving, it was sufficient to prove that the accused was in control of the vehicle. Criminal attorneys in Fairfax, Virginia will tell you that control over the vehicle can be proved if the key was in the ignition or that ignition was switched on. Thus, even if the accused was found to be asleep on the steering wheel with the ignition key on, it will be considered that he/she was in control of the vehicle.
Proceeding with your DUI charge without the assistance of a criminal attorney in Fairfax, Virginia is not advisable. Defend your DUI charge with an exceptional defense prepared with the assistance of a skilled criminal attorney in Fairfax, Virginia.
Offenses Committed Against Persons:
Contact the right Criminal Defense Attorneys in Fairfax, Virginia at the Law Offices of SRIS P.C. to legally represent you in the litigation in all violent criminal charges and defend you and to protect you from unnecessary harassment. One of the violent charges is assault. Virginia law states that assault occurs when the defendant engages in an overt act with the intent to inflict bodily harm or is intended to place the victim in fear or apprehension in the victim and has the present ability to inflict such harm or creates such reasonable fear or apprehension in the victim.
Other offenses in Virginia include sex crimes include possession, distribution, and production of child pornography, online solicitation of a minor, and rape. In addition to life imprisonment, fines, there is also the requirement to register as a sex offender on the Virginia Sex Offender Registry. Criminal defense attorneys in Fairfax, Virginia also represent charges like identity theft, robbery, burglary, larceny and shoplifting, and other white-collar crimes like conspiracy, embezzlement, money, laundering, forgery, credit card theft, tax evasion, bank fraud and mail, and wire fraud.
Equipped with the knowledge of classification and nature of crimes, the severity of punishments for such crimes, and the adept assistance of experienced attorneys in Fairfax, Virginia, you will be confident in facing your criminal charge. The court date will no longer be a perplexing affair.
Retaining the top criminal defense attorney, Fairfax, Virginia is crucial for your case. If there is an unconstitutional search, a coerced confession, or fabrication of testimony, the Criminal attorneys in Fairfax, VA at The Law Offices of SRIS, P.C. will take steps to expose the same in court and will do their best to obtain an acquittal. C