Simple Possession Lawyer in Henrico County, Virginia — What Are Your Defense Options?
Simple possession of a controlled substance in Henrico County is a serious criminal charge under Va. Code § 18.2-250, carrying up to 12 months in jail and a $2,500 fine for a first offense. Law Offices Of SRIS, P.C. has 8 documented results in Henrico County: 7 dismissed/not guilty, 1 reduced/amended.
Virginia Law on Simple Possession
Simple possession, defined under Va. Code § 18.2-250, is the knowing and intentional possession of a controlled substance without a valid prescription. This includes substances like marijuana, cocaine, heroin, methamphetamine, and certain prescription drugs. The severity of the charge depends on the schedule of the drug and the amount possessed. For most first-time simple possession charges, it is classified as a Class 1 misdemeanor.
Last verified: April 2026 | Henrico County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, refer to the Va. Code § 18.2-250 (official Virginia General Assembly). Court procedures and filing information can be found on the Henrico County General District Court website.
Local Court Process for a Simple Possession Case
In Henrico County, simple possession cases begin at the Henrico County General District Court located at 4301 East Parham Road. The Commonwealth’s Attorney prosecutes these cases. A key local procedural fact is that first-offender programs under Va. Code § 19.2-303.2 are available; successful completion can result in dismissal. The court handles all misdemeanor trials and preliminary hearings for felonies.
- Arraignment: You will be formally charged and enter a plea of not guilty, guilty, or no contest.
- Pre-trial Motions: Your attorney may file motions to suppress evidence or dismiss the charge based on procedural errors.
- Negotiation: Your criminal attorney will negotiate with the prosecutor for a reduction, diversion program, or dismissal.
- Trial: If no agreement is reached, your case will proceed to a bench trial before a judge in General District Court.
- Appeal or Sentencing: If convicted, you can appeal to Circuit Court for a new trial, or the judge will impose sentence.
Potential Penalties for Simple Possession in Henrico
In Henrico County, simple possession of a Schedule I or II drug is a Class 5 felony carrying 1-10 years, or up to 12 months and a $2,500 fine at jury discretion; possession of other schedules is a Class 1 misdemeanor with up to 12 months in jail and a $2,500 fine.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Possession (Schedule I/II) | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | Possible 6-month suspension | Permanent felony record, loss of professional licenses, difficulty finding employment |
| Simple Possession (Other Schedules) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Criminal record, possible drug education classes |
| Second or Subsequent Offense | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | Mandatory 6-month suspension | Enhanced penalties, mandatory minimums possible |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Criminal Charges 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 “Advocacy Without Borders” approach means we provide full representation, from initial consultation through trial. We have a documented track record in Henrico County courts.
Our team includes seasoned attorneys like Mr. Sris, whose background as a former prosecutor and his personal amendment of Virginia’s equitable distribution statute demonstrate a deep commitment to the law. For complex criminal matters, attorney Matthew Greene, with over 30 years of experience including former death penalty certification, provides additional strategic depth.
Documented Case Results in Henrico County
Our firm has achieved favorable outcomes for clients facing various charges in Henrico County. We have 8 documented results in this jurisdiction, with 7 cases dismissed or found not guilty and 1 case reduced or amended, representing a 100% favorable outcome rate in our tracked cases. Specific results include charges like reckless driving in excess of 80 mph and passing a school bus being dismissed in Henrico General District Court.
Results may vary. Prior results do not aim for a similar outcome.
Simple Possession Lawyer Near Henrico County, Virginia
Our Richmond location serves clients at the Henrico County courts (4301 East Parham Road). We represent individuals from Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville (partial).
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009 | Local: (804) 977-0001
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Henrico County, Virginia?
A Class 1 misdemeanor in Henrico County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301).
Can criminal charges be expunged in Henrico County, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Henrico County Circuit Court. First-offense marijuana possession may qualify through deferred disposition.
How does bail work in Henrico County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Henrico County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Henrico County General District Court.
Do I need a criminal defense lawyer in Henrico County, Virginia?
Yes. Criminal charges in Henrico County are prosecuted by the Commonwealth’s Attorney. Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. A defense lawyer is essential to protect your rights.
What is the difference between GDC and Circuit Court in Henrico County?
Henrico County General District Court handles misdemeanor trials and felony preliminary hearings. Henrico County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time.
For more information on criminal defense in Virginia, see our Virginia criminal defense lawyer hub page. We also assist clients in nearby areas like Chesterfield County and Hanover County. In Henrico County, our firm also handles related matters such as DUI/DWI defense and reckless driving charges.
Last verified: April 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.