Why you need a lawyer to handle your criminal charge?
Criminal law in the state of Virginia has evolved over the last 300 years. To understand the constituents of the crime, it is important to look outside the Criminal Code by taking instances from case laws to determine the crime. Various definitions have been re-defined again and again over the last 300 years. To make it clear, the state relies on common law more than a comprehensive Criminal Code. Further, in the US, the states are given the freedom to draft their penal laws as long as it remains constitutional. The Virginia Criminal Lawyer can give a comprehensive explanation about the criminal laws in the state.
With several significant details involved, you will need an experienced criminal lawyer in Virginia as in The Law Offices of SRIS P.C. to handle your case. When accused of a crime, it is best to contact the Law Offices of SRIS, P.C. as the lawyers here are adept in the subject.
Understanding Felony and Misdemeanor in Virginia
The crimes in the US are classified as Felony and Misdemeanor offenses:
Felony: Crimes such as murder, drug trafficking, and rape among other heinous offenses come under this category. In the state, felony is punishable by death or prison term and are classified under six classes:
- Class 1 Felony: It attracts the severest of penalties and is awarded for crimes like first-degree murder and capital murder. A person above 18 years of age and in sound mental condition can be sentenced to death for capital murder. In the case of Class 1 offense, a person can be fined up to $100,000 and life imprisonment. If you have been accused of such a crime, call The Law Offices of SRIS P.C. right now as this Criminal Lawyer in Virginia has immense expertise to get you out of the punishment.
- Class 2 Felony: It can be classified as intentional crimes such as malicious wounding of a person, physically impairing a person permanently, circumstantial murder, and burglary using a lethal weapon. The accused can be sentenced to a minimum of 20 years and a maximum of a life sentence with a fine of up to $100,000. If you want to defend a charge, get in touch with an experienced Criminal Lawyer in Virginia immediately.
- Class 3 Felony: In Virginia, crimes like stabbing or shooting a person, poisoning someone or particular drug crimes are categorized under Class 3 felony. Malicious wounding with the intention of disabling, disfiguring, or killing a person also fall under this realm. These crimes could result in 5 to 20 years imprisonment and a maximum fine of $100,000. If you have been framed for such a crime, only reliable Criminal Lawyers in VA can prove your innocence.
- Class 4 Felony: The offenses under this category, in Virginia, include kidnapping, embezzlement, prostitution, torching of an unoccupied building, and manslaughter. The penalties can be a minimum of 2 years to a maximum of 10 years and a fine of not more than $100,000. Want to prove your innocence or have your sentence reduced? The Law Offices of SRIS P.C. with the best Criminal Lawyer in Virginia, can work a way out.
- Class 5 Felony: Crimes like battery, extortion and involuntary manslaughter fall under this domain. These crimes can be called ‘wobbler’ crimes as they may be treated as a felony or misdemeanor based on the context. Under felony, it could lead to a prison sentence of 1 to 10 years and a fine of a maximum of $2,500. Walk out with a minimum prison term or fine with the guidance of an expert Criminal Lawyer at The Law Offices of SRIS P.C. in Virginia.
- Class 6 Felony: In the state of Virginia, it is considered to be the least severe and is treated as a ‘wobbler’. It could lead to a misdemeanor conviction. The crimes are reckless endangerment, animal cruelty, repeat larcenies, and court order violation. The judge could award conviction for a period of 1 to 5 years and a fine of up to $2,500. When accused of it, set your record straight with the top Criminal Lawyer in Virginia.
Understanding the terminologies needs a knowledgeable lawyer
The Statute of Limitations can be defined as the time set for the prosecution to begin. In the state of Virginia, heinous crimes like murder, rape, manslaughter, and burglary do not fall within the purview of Statutes of Limitations. To deal with the Statute of Limitations, a qualified and experienced criminal lawyer in Virginia, should be your one-point contact and for this you need to get in touch with The Law Offices Of SRIS P.C.
Mandatory Minimum Punishment (§220.127.116.11): The convict can be sentenced to a full confinement term, full fine amount, or community service requirement as per the law. The mandatory minimum punishment shall not be suspended by the court either in full or part. When accused, you will need clarity on the mandatory minimum punishment for which you need to contact Virginia Criminal Defense Lawyers.
Place of punishment (§18.2-15): The punishment for a felony can be at the state correctional facility. In the case of Class 5 and 6 felonies, where there is no jury trying the case, the convicted can be confined to jail. In the case of a misdemeanor conviction, the punishment will be a jail sentence. The place of punishment can be quite confusing; and in such cases, Virginia Criminal Defense Attorney can help.
Defining capital offense: Capital offenses are dreadful crimes punishable by death. The state awards capital punishment wherein the convict is executed. Some of the crimes where capital punishment is meted out include multiple murders, drug distribution, crimes related to murder, killing a law enforcement officer, and killing of a minor by a person who is 21 years or more. Anyone accused of such crimes needs get an elaborate explanation and a strong defense from an experienced Criminal Lawyer in Virginia; therefore, contacting The Law Offices Of SRIS P.C. should be the right thing to do.
If you are facing any of these charges, contact a reputed Virginia Criminal Lawyer to handle felony charges. Only a criminal lawyer in Virginia can have the charges reduced or get it dismissed. It would be difficult to get hired for a job after a felony conviction; therefore, to prevent such unpleasant situations, it is important to hire the best Virginia criminal lawyer.
Misdemeanors: It is not a serious crime as a felony and is punishable with a lesser prison term and fine. The crime may be classified as a felony or misdemeanor depending on the circumstances and the degree of the crime. If you are confused about the category of crime, it is time you consult a Criminal Lawyer in Virginia. There are four categories of crimes ranging from the most serious to the least. If you fail to contest or found guilty of a misdemeanor charge, it will reflect as a permanent record throughout your life. So, consult a Criminal Lawyer in VA immediately.
In the state, the charges are drawn by the civilians, police, or prosecutors. The officer can charge you of a misdemeanor on summons or citation, or even arrest and produce you before the magistrate. A civilian can approach the local magistrate office where the crime happened, after which a warrant may be issued. Following this, the prosecutors will present the charge to the grand jury who will indict the guilty. To deal with it, you will need to sign up with a reputed Criminal Lawyer in VA. Having a well-seasoned Criminal Lawyer in Virginia to assist can give you some peace of mind.
Penalties for misdemeanor charges are herein:
- Class 1 misdemeanor include offenses like DUI, reckless driving, adultery, battery, assault, and petit larceny. These charges are punishable up to 12 months imprisonment and a maximum fine of $25,000. Consulting a Virginia Criminal Lawyer can turn the case in your favor.
- Class 2 misdemeanor includes offenses such as possession of Schedule IV drugs. The crime is punishable by 6 months imprisonment term and $1,000 fine. If you are wrongly accused, contact a Virginia Criminal Lawyer at once.
- Class 3 misdemeanor includes possession of Schedule V drug and the punishment for the crime is fine up to $500. Do not waste time mulling over it and let a qualified Criminal Lawyer in Virginia handle your case.
- Class 4 misdemeanor includes possession of Schedule VI drugs or drunk in public. When accused of such offenses, the Criminal Lawyer at The Law Offices of SRIS P.C. in VA can get you out effortlessly.
Most sentences that are awarded for misdemeanors are served half-time. The law states that apart from those serving minimum sentence, every other prisoner sentenced for 12 months or less for one or more misdemeanor charges shall earn credit for good conduct at one day for every day served. This includes days served in confinement before conviction and sentencing. It applies to those prisoners who have not violated the prison rules and regulations. If you are facing this situation and are unable to understand the details, the Criminal Lawyer at The Law Offices Of SRIS, P.C. can give you clarity. The Virginia criminal lawyer will discuss these unique aspects while working on the case with you. If you are charged with a misdemeanor, contact Virginia criminal lawyer for a free consultation, which will give a clear picture.
Virginia criminal law – Unique characteristic requires the best lawyer
The court can be divided into two tiers: the General District Court and the Circuit Court. The misdemeanor cases will be heard at the General District Court. Here, there are no stenographers and therefore it is also called the court ‘not of record’. No jury is present in the court as well. If the outcome of the trial is not satisfactory, the appeal will move to the Circuit Court. It is called the ‘de novo’ or a new. This means, the findings and results of the GDC are not applicable or binding on the CC and the proceedings will start afresh. The unique feature in Virginia is that the defendant, prosecution, or the court can demand a jury trial. Several Criminal Lawyers in VA make use of this to help their clients.
The General District Court does not hear felony cases in Virginia as they have no authority to register felony pleas. Whether it is a felony plea or trial, the Circuit Court will handle it. For more information on felony plea, get in touch with the best Criminal Lawyer in Virginia at The Law Offices Of SRIS, P.C. as dealing with these details may cause immense pressure on the accused.
Trial stages in Virginia
Yet another unique aspect in the state is the bifurcated trial system, which can ben best explained by a lawyer.
The trial is divided into two stages:
- Guilt stage: The jury cannot and will not hear the prior record of the defendant, except for those cases requiring presentation of prior convictions. If found guilty, the court will hold one more hearing where points are weighed carefully before recommending a sentence.
- Sentencing stage: In this stage, the evidence related to the previous convictions can be considered. Here the defendant can also call for mitigation evidence, which means the defendant should establish the presence of mitigating circumstances in which the offense was committed. This will help in the reduction of punishment. Another unique aspect found in the state is that the jury recommendations are not bound by the judge but the latter cannot impose a higher punishment other than the recommendation of the former.
These stages can be best explained by a renowned criminal lawyer. When it comes to complex and stressful legal matters, it is crucial to contact an experienced Virginia criminal defense attorney, and this makes it essential for you to get in touch with The Law Offices Of SRIS, P.C. Do not hesitate to contact the Law Offices Of SRIS, P.C. as you can get in touch with qualified Virginia Criminal Defense Lawyers who will be able to address your legal needs.
Criminal Lawyers Virginia Beach matters
If you are a resident of Virginia Beach, booked for a crime in the locality, contact the Criminal Lawyers from Virginia Beach right away. Do not waste time as local expertise could be a great advantage in such cases. Being well aware of the local laws and courts, the Virginia criminal lawyer will be able to give you personalized attention, thereby tailoring the strategies to meet your goals.
For this, you need to get in touch with The Law Offices Of SRIS, P.C. in Virginia as signing up with a criminal lawyer who has a great track-record and believes in you is the key to winning the case.
Outcomes of perpetrating a crime in Virginia
The Virginia Criminal Lawyer helps you understand the potential consequences of the crime. Apart from imprisonment and penalty, the accused is liable for the following consequences:
- A permanent record of the offense
- Embarrassment for family and friends
- Cannot serve in armed forces
- Cannot hold certain jobs and licenses
- May forfeit driving privileges
- Immigration Consequences, for certain non-immigrant.
A felony conviction for adults means:
- Losing voting rights
- Losing firearms rights
- Losing the right to run public office
Why lawyers are needed for crimes committed by juveniles?
Under the Virginia Criminal Law, juveniles are treated differently from adults, and generally leniently. The juveniles are tried at the Virginia Juvenile and Domestic Relations District Courts. A Criminal Lawyer in Virginia, with knowledge in handling juvenile cases, can save your rights.
Useful tips to select the right lawyer in Virginia
Dealing with a crime and its aftermath should never be taken carelessly as the judicial system of Virginia takes all steps possible to punish the guilty. Therefore, choosing the best among the Virginia criminal lawyers will help resolve issues easily.
- Virginia criminal lawyers are known widely for raising the best defenses at the court during every trial.
- Virginia criminal lawyers are well aware of the state’s judicial system and its procedures and thus they help in steady navigation through all legal processes.
- Virginia criminal lawyers are capable of handling all cases irrespective of their ages.
- The criminal lawyer must have access to resources for an uncomplicated trial.
- Some cases can be resolved by filing certain legal papers and paying fines at the court office without having to meet a judge or a jury. An experienced Virginia criminal lawyer will be capable of settling these petty disputes even before a trial.
- The clients should ensure choosing the most constructive criminal lawyer in Virginia, especially those with experience in handling cases similar to theirs.
- Communication between a client and a Virginia Criminal Lawyer is the most important factor required to get a clear picture of the situation and draw a solution. Since all clients will be exchanging private details to the lawyers for the progress of the case, the Virginia defense lawyer must be trust-worthy. Thus, choosing the most skilful Virginia criminal lawyer, who is also great in communication, and maintains confidentiality is a must.
- Getting hold of a criminal lawyer in Virginia, who has experience in handling all kinds of crime-related cases and the potential to render guaranteed success is the key to freedom.
- Seasoned Virginia criminal lawyers will be able to explain all possible short-comings of the case beforehand and make sure that their clients are prepared to meet any situation rather than giving false hopes.
Whether it is an adult or a juvenile, when charged for a criminal offense, your whole life and reputation is at stake. So, do not hesitate to get in touch with the best Virginia Criminal Lawyer! Therefore, it is vehemently reiterated that a Virginia criminal lawyer at the Law Offices of SRIS, P.C., will not only provide legal assistance but will act as a complete support system by preparing the client to meet their cases physically and emotionally.
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