Types of Criminal Charges in Virginia. How a Fairfax Defense Attorney Can Help

Virginia criminal law covers a wide range of offenses from misdemeanors that carry up to twelve months in jail to felonies that carry decades in prison. Whatever the charge, the consequences of a conviction extend far beyond the sentence itself. A criminal record affects employment, housing, professional licensing, firearm rights, and in some cases immigration status.

You have the right to a defense. And the quality of that defense makes a real difference in the outcome of your case.

When your freedom, reputation, and future are at stake, Attorney Sheryl Shane provides strategic, aggressive criminal defense in Fairfax, VA. With 31+ years of courtroom experience, she challenges evidence, protects your rights, and pursues the strongest possible outcome.

This blog provides an overview of the charge types she handles most frequently, and what an experienced defense attorney can do for you at every stage of the process.

Sex Crimes Charges

Sex offenses are among the most aggressively prosecuted crimes in Virginia. A conviction can carry severe prison sentences, sex offender registration for many offenses, and permanent collateral consequences that affect every area of life.

Virginia criminalizes a wide range of sexual conduct, including:

• Rape and forcible sodomy
• Sexual battery and aggravated sexual battery
• Indecent liberties with a minor
• Child sexual abuse
• Computer solicitation of a minor
• Child pornography possession and distribution

The specific charge filed depends on the alleged conduct, the age of the alleged victim, the presence of force or coercion, and the relationship between the parties. Rape under Va. Code § 18.2-61 is punishable by five years to life in prison. Sexual battery is a Class 1 misdemeanor on a first offense, with escalating penalties for subsequent convictions. Aggravated sexual battery under Va. Code § 18.2-67.3 is a felony carrying one to twenty years.

An arrest for a sex offense is not a conviction. These cases frequently rest on the testimony of a single witness. Prior false accusations, motive to fabricate, inconsistencies in the disclosure, and the absence of corroborating physical evidence are all legitimate and powerful defense tools. In cases involving digital evidence like computer solicitation and child pornography, the forensic examination process itself is subject to challenge.

If you are facing allegations, an experienced Fairfax, VA sex crimes defense attorney can evaluate the evidence, identify weaknesses in the prosecution case, and develop a defense strategy tailored to the specific charges and circumstances.

DUI and DWI Charges

Driving under the influence is one of the most commonly charged criminal offenses in Virginia. Under Va. Code § 18.2-266, it is illegal to operate a motor vehicle with a blood alcohol concentration of 0.08% or higher, or while under the influence of drugs or a combination of drugs and alcohol.

Virginia’s DUI penalties increase with each conviction:

• First offense: Class 1 misdemeanor — up to 12 months in jail, a minimum $250 fine, and a one-year license revocation. A BAC of 0.15 or higher triggers mandatory minimum jail time.
• Second offense within ten years: Class 1 misdemeanor — up to 12 months in jail, a minimum $500 fine, and a three-year license revocation. A second offense within five years carries a mandatory minimum of 20 days in jail.
• Third offense within ten years: Class 6 felony — up to five years in prison, a minimum $1,000 fine, indefinite license revocation, and potential vehicle forfeiture. A third offense within five years carries a mandatory minimum of six months.
• Fourth and subsequent offenses: Treated as Class 6 felonies with substantially enhanced penalties.

In addition to incarceration and fines, a DUI conviction results in mandatory installation of an ignition interlock device for any restricted license, mandatory completion of the Virginia Alcohol Safety Action Program (VASAP), and a permanent record that appears in background checks.

DUI cases are highly fact-specific and frequently defensible. Officers must have lawful grounds to stop your vehicle. Field sobriety tests must be administered correctly. Breathalyzer and chemical test results depend on proper calibration, maintenance, and testing procedures. Errors at any step of the process from the initial stop through the test results can result in suppression of evidence or dismissal of the charge.

If you are facing a DUI charge, an experienced Fairfax, VA DUI lawyer can examine the circumstances of your arrest, identify potential weaknesses in the prosecution case, and develop an appropriate defense strategy.

Assault and Battery Charges

Assault and battery charges in Virginia range from a Class 1 misdemeanor for simple battery to a Class 2 felony carrying up to life in prison for aggravated malicious wounding. The classification depends on the identity of the victim, the nature and severity of the harm, and the accused’s prior record.

• Simple assault and battery under Va. Code § 18.2-57 is a Class 1 misdemeanor — up to 12 months in jail and a $2,500 fine. Battery against a law-enforcement officer and certain other protected victims can be charged as a Class 6 felony.
• Domestic assault under § 18.2-57.2 is a Class 1 misdemeanor on a first or second offense. A third conviction within twenty years is a Class 6 felony carrying one to five years in prison. The twenty-year lookback rule makes every domestic assault charge — including a first offense — consequential in ways that extend far beyond the immediate penalties.
• Malicious wounding under § 18.2-51 — involving specific intent to maim, disfigure, disable, or kill — is a Class 3 felony carrying five to twenty years. Aggravated malicious wounding under § 18.2-51.2 is a Class 2 felony carrying twenty years to life.

Domestic Violence Charges

Domestic violence charges under Va. Code § 18.2-57.2 apply when assault and battery is committed against a family or household member — a category that extends beyond spouses to include former spouses, co-parents, cohabitants, and relatives.

Virginia law generally requires officers to make an arrest once they find probable cause of domestic assault. The alleged victim cannot prevent this. The Commonwealth’s Attorney — not the alleged victim — decides whether to proceed with prosecution, and the case can move forward even if the complaining witness recants or declines to cooperate.

The consequences of a domestic violence charge extend beyond the criminal case. An Emergency Protective Order typically takes effect at the time of arrest, removing the accused from the shared residence and prohibiting all contact. Violation of a protective order is a separate criminal offense. Under the federal Lautenberg Amendment, any misdemeanor domestic violence conviction permanently prohibits firearm possession.

Defense strategies in domestic assault cases include self-defense, lack of intent, mutual combat, challenging the complaining witness’s credibility, and demonstrating motive to fabricate. Early legal intervention before the first court appearance is critical.

White Collar Crime Charges

White collar crimes are non-violent financial offenses that carry serious felony penalties under Virginia law. Common white-collar charges include:

• Embezzlement — taking property entrusted to you by another for personal financial gain. A misdemeanor where the value is less than $1,000; a felony carrying up to twenty years where the value is $1,000 or more.
• Forgery and uttering — altering or falsifying a legal document for fraudulent purposes. A Class 5 felony carrying one to ten years.
• Identity theft — using another person’s identifying information for financial gain. Penalties range from a Class 1 misdemeanor to a Class 4 felony depending on the value obtained.
• Fraud — including credit card fraud, check fraud, and computer fraud. Penalties vary based on the specific statute and value involved.
• Bribery — offering, receiving, or soliciting payment to influence a person in an official position. Punishable by up to ten years and a $100,000 fine.

White collar prosecutions are document-intensive and often built over months or years of investigation before charges are filed. The prosecution must prove each element of the charged offense beyond a reasonable doubt. Insufficient evidence, unlawful search and seizure, and lack of criminal intent are all viable defense grounds depending on the specific charge and facts.

Where the evidence against the accused is substantial, experienced defense counsel can negotiate with prosecutors to reduce charges or reach a plea agreement that minimizes incarceration exposure. Every option should be evaluated carefully with an attorney before any decision is made.

Theft and Property Crime Charges

Virginia’s theft and property crime statutes cover a range of offenses with penalties that vary based on the value of the property, how the theft was accomplished, and the accused’s prior record.

• Petit larceny under Va. Code § 18.2-96 — theft of property valued at less than $1,000 — is a Class 1 misdemeanor carrying up to twelve months in jail and a $2,500 fine.
• Grand larceny under Va. Code § 18.2-95 — theft of property valued at $1,000 or more, or any theft of a firearm regardless of value — is a felony carrying up to twenty years in prison.
• Robbery under Va. Code § 18.2-58 — using force, threat, or intimidation to take property from another person — is a felony. Since 2021, penalties range from a Class 6 felony up to a Class 2 felony, depending on the force used and whether a weapon was involved.
• Burglary — breaking and entering a dwelling with the intent to commit a crime inside — is a Class 3 felony carrying five to twenty years. Entering while armed with a deadly weapon elevates the charge to a Class 2 felony.
• Carjacking — taking a vehicle from another person’s immediate presence — carries fifteen years to life in prison.
• Embezzlement — unlawfully converting property or funds entrusted to you, which can result in serious criminal charges depending on the value and circumstances.

For individuals accused of misappropriating money or property entrusted to them, an experienced Fairfax embezzlement attorney can examine the evidence and determine whether the prosecution can establish the required elements of the offense.

Potential defenses in theft and property crime cases may involve whether the accused had the required criminal intent, whether the property’s value has been properly established, whether the accused had lawful possession or authorization to use the property, and whether the identification of the alleged perpetrator is supported by reliable evidence.

Because the facts and potential penalties vary significantly among theft and property offenses, an effective defense requires a careful examination of the specific allegations, evidence, and applicable Virginia law.

Drug Charges in Virginia

Virginia drug charges range from misdemeanor possession to felony possession with intent to distribute, which can carry mandatory minimum sentences in some cases. The specific charge depends on the substance, the quantity, and whether distribution is alleged.

• Possession of Schedule I or II controlled substances including heroin, methamphetamine, and cocaine is a Class 5 felony. Possession of Schedule III substances is a Class 1 misdemeanor.
• Distribution of Schedule I or II substances carries five to forty years on a first offense, with mandatory minimums for certain substances and quantities.
• Possession with intent to distribute is charged based on quantity, packaging, and other circumstances suggesting distribution rather than personal use. Penalties match those for distribution.

The most important defense issues in drug cases include the lawfulness of the search that produced the evidence, the chain of custody for controlled substances, whether the accused had actual knowledge and dominion over the substance, and in distribution cases, whether the evidence supports an intent to distribute rather than personal use.

How Attorney Sheryl Shane Approaches Criminal Defense in Fairfax

Every criminal case involves three stages where legal representation makes a difference: before charges are filed, during the pretrial process, and at trial.

Before charges are filed

If you are under investigation but have not yet been charged, retaining counsel immediately is the single most important step you can take. An attorney can engage with investigators, protect you from making self-incriminating statements, and in some cases prevent charges from being filed at all.

Pretrial

The pretrial period is where the most significant defense work happens: reviewing the prosecution’s evidence, filing motions to suppress unlawfully obtained evidence, challenging the sufficiency of the charges, and evaluating all options including negotiated resolutions.

Trial

Every defendant is entitled to a jury trial. The prosecution must prove every element of every charge beyond a reasonable doubt. Attorney Shane prepares every case for trial from the moment she is retained because the strength of the defense at trial determines the strength of every negotiating position before it.

Speak With a Fairfax Criminal Defense Attorney Today

Whatever the charge, an arrest is not a conviction. Virginia law gives every accused person the right to a defense, and the right to an attorney who will fight for the best possible outcome from the first day.

Attorney Sheryl Shane of Virginia Criminal Attorney defends individuals charged with sex offenses, assault, domestic violence, DUI, white collar crimes, theft, and drug offenses throughout Fairfax and Northern Virginia. She provides honest, precise legal counsel and aggressive representation at every stage of the criminal process.

Contact Attorney Sheryl Shane today for a confidential consultation, or call (703) 582-8119.

Frequently Asked Questions