Virginia Criminal Defense
Nancy J. Truax, PLC defends people charged in Northern Virginia with misdemeanor and felony offenses, including traffic offenses, committed in the Northern Virginia area.
If you are charged with a crime, you need an attorney to protect your rights. You cannot be found guilty of a crime unless the Commonwealth’s Attorney proves your guilt beyond a reasonable doubt. The constitution provides you with many rights and protections throughout the criminal process, including the right to an attorney, the right to be free from unlawful search and seizure, the right to remain silent. If the police violate these rights, you may be able to have the evidence gathered as a result of the violation excluded, and without that evidence, the Commonwealth may have no alternative but to dismiss the charges.
In many (if not most) cases, the defendant and the Commonwealth enter into a plea agreement in which the Commonwealth agrees to reduce or dismiss certain charges in exchange for the defendant’s agreement to plead guilty to the lesser charge. Additionally, while the Commonwealth’s Attorney cannot guarantee what the ultimate punishment in a plea bargain case will be, the agreement can contain a provision where the Commonwealth’s Attorney agrees to recommend a particular sentence, agrees not to object to a particular sentence requested by the defendant, or agrees that a particular sentence is the appropriate sentence in that case. The Court may accept or reject the agreement, but if the agreement is rejected, the defendant may withdraw the plea. With respect to the sentence, the judge is not bound by the recommendations by the Commonwealth’s Attorney or the request of the defendant, and must notify the defendant of that fact. Depending on the charges, the court can sentence the defendant to confinement in jail or prison, can suspend all or part of the confinement, and can order the defendant into probation. The court can also order restitution or community service.
The following table provides a breakdown of the classes of offenses and the possible punishments for each offense.
Class of Offense |
Punishment |
Class 1 felony |
Death; life if under 18 or mentally retarded; $100,000 fine |
Class 2 felony |
Not less than 20 years to life; $100,000 fine |
Class 3 felony |
Not less than 5 or more than 20 years; $100,000 fine |
Class 4 felony |
Not less than 2 or more than 10 years; $100,000 fine |
Class 5 felony |
Not less than 1 or more than 10 years |
Class 6 felony |
Not less than 1 or more than five years |
Class 1 misdemeanor |
12 months in jail; $2,500 fine |
Class 2 misdemeanor |
Six months in jail; $1,000 fine |
Class 3 misdemeanor |
$500 fine |
Class 4 misdemeanor |
$250 fine |
Traffic infraction |
$250 fine (or in some instances, a $500 fine) |
Not all offenses in Virginia fit neatly into this table. Some criminal statues will label the crime as either a felony or misdemeanor, and then prescribe a specific punishment that is different from the punishments outlined in this table. Also, Virginia courts employ voluntary sentencing guidelines to assist the judge in determining an appropriate sentence for a given case.
Contact Nancy J. Truax to assist you in the defense of your criminal case. Phone (703)397-5177, or e-mail her at nancy@restonadvocate.com.
|
