Virginia Attempt To Commit A Felony Lawyer — What Are Your Defense Options?
In Virginia, an attempt to commit a felony is a serious crime prosecuted under Va. Code § 18.2-26, carrying penalties nearly as severe as the completed felony. A Virginia attempt to commit a felony lawyer from Law Offices Of SRIS, P.C. can challenge the prosecution’s evidence of intent and a substantial step toward the crime. Our firm has extensive experience defending these charges statewide.
Virginia Law on Attempt to Commit a Felony
Virginia Code § 18.2-26 defines the crime of attempt. The prosecution must prove two elements beyond a reasonable doubt: (1) you had the specific intent to commit a particular felony, and (2) you took a direct, substantial step toward completing that felony. Mere preparation is not enough; the step must go beyond planning and move toward execution. The statute treats an attempt as a separate offense, classified one level lower than the target felony. For example, attempting a Class 5 felony becomes a Class 6 felony.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
For the full text of the attempt statute, see Va. Code § 18.2-26 (official Virginia General Assembly). For court-specific procedures, consult the Virginia Judicial System website.
Defending an Attempt Charge in Virginia Courts
A strong defense often focuses on the element of intent or the nature of the act. Prosecutors must show your actions constituted a substantial step, not just talk or planning. In many Virginia courts, judges scrutinize whether the alleged act unequivocally demonstrates a move toward the crime’s completion. The specific court handling your case—General District or Circuit—depends on the classification of the attempt charge.
- Arrest and Initial Hearing: You will be arrested and have an initial advisement hearing where the charges are formally read.
- Preliminary Hearing (if applicable): For felony-level attempts, a preliminary hearing in General District Court determines if there is probable cause to send the case to a grand jury.
- Grand Jury Indictment: A grand jury reviews the evidence and issues an indictment for the case to proceed in Circuit Court.
- Circuit Court Arraignment: You enter a plea of guilty, not guilty, or no contest in Circuit Court.
- Pre-Trial Motions & Discovery: Your criminal attorney files motions to suppress evidence and reviews all discovery from the prosecution.
- Trial or Plea Negotiation: The case proceeds to a jury trial or is resolved through a negotiated plea agreement.
Potential Penalties for Attempting a Felony in Virginia
In Virginia, an attempt to commit a felony is punished at a classification one level lower than the target felony, but still carries significant jail time, fines, and a permanent criminal record.
| Target Felony Classification | Attempt Classification | Incarceration | Fine | Long-Term Consequences |
|---|---|---|---|---|
| Class 1, 2, or 3 Felony | Class 4 Felony | 2-10 years | Up to $100,000 | Loss of voting rights, firearm rights, professional licenses |
| Class 4 Felony | Class 5 Felony | 1-10 years (or up to 12 months jail) | Up to $2,500 | Permanent felony record, immigration consequences |
| Class 5 Felony | Class 6 Felony | 1-5 years (or up to 12 months jail) | Up to $2,500 | Difficulty finding employment, housing |
| Class 6 Felony | Class 1 Misdemeanor | Up to 12 months jail | Up to $2,500 | Misdemeanor record, possible probation |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Attempt Charge 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 defend clients across Virginia with a focus on the specific details of attempt charges. We understand that proving intent is the prosecution’s burden, and we work to create reasonable doubt.
Case Results in Virginia Criminal Defense
Law Offices Of SRIS, P.C. has a firm-wide record of 4,739+ documented results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC. Our defense lawyers have successfully defended against attempt charges by challenging the evidence of a substantial step and arguing lack of specific intent.
Results may vary. Prior results do not aim for a similar outcome.
Contact a Virginia Attempt to Commit a Felony Defense Lawyer
If you are facing an attempt charge, immediate action is critical. Our Virginia attempt to commit a felony lawyer is ready to assess your case. We offer 24/7 phone consultations at (888) 437-7747. All meetings are by appointment only at our Virginia offices, including Fairfax, Richmond, Ashburn, Arlington, and Woodstock.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
Is attempt to commit a felony a felony in Virginia?
Yes. An attempt to commit a felony is itself a felony in Virginia, classified one level lower than the target crime under Va. Code § 18.2-26. For example, attempting a Class 5 felony is charged as a Class 6 felony.
What is the difference between preparation and a substantial step?
It depends on the facts. Preparation involves planning or acquiring tools. A substantial step is a direct movement toward committing the crime that strongly corroborates criminal intent, such as traveling to the scene or attempting to pick a lock. A criminal court lawyer argues this distinction.
Can you be charged with attempt if the crime was impossible?
Yes. Virginia recognizes factual impossibility (e.g., shooting at a stuffed dummy thinking it’s a person) as not being a defense to attempt. However, legal impossibility (where the act is not a crime) can be a defense. A defense lawyer can evaluate this.
What are common defenses to an attempt charge?
Common defenses include lack of specific intent, abandonment (voluntarily and completely giving up the criminal effort), that the act was merely preparation, and challenging the evidence of a substantial step. Each strategy depends on the details of your criminal charges defense.
Should I speak to the police if I’m under investigation for attempt?
No. You have the right to remain silent and the right to an attorney. Anything you say can be used to prove your intent. Politely decline to answer questions and immediately request to speak with a Virginia attempt to commit a felony lawyer.
Related Practice Areas: Virginia Conspiracy Lawyer | Virginia Solicitation Lawyer
Locations We Serve: Fairfax County Attempt to Commit a Felony Lawyer | Richmond Attempt to Commit a Felony Lawyer
Statewide Resource: Virginia Sex Crimes Lawyer Hub
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your Virginia attempt to commit a felony charge.