Virginia Criminal Law

The Code of Virginia is a collection of statutes that includes a detailed explanation of crimes, punishments, and criminal procedures followed by Virginia courts. The following information is a small selection of common criminal issues in Virginia. This information is a brief overview and introduction into the criminal law of Virginia if presented with criminal charges contact a Virginia criminal defense attorney for more details and possible defenses.

Drug Possession in Virginia

Virginia drug law categorizes criminal conduct depending on the nature of the drug, the quantity, and the activity of the defendant.

• Possession in Virginia: Although not as serious an offense as distribution, possession of drugs in Virginia can result in jail time and fines.
• Possession of marijuana is a misdemeanor with a jail sentence of up to 30 days and a fine of $500 for first offenders.
• Possession of narcotics is a felony, and can result in a jail sentence between 1 – 10 years and fine up to $2,500. Possession of large quantities can elevate the offense to a distribution offense.

• Distribution in Virginia: A defendant arrested for the sale, distribution, or possession with intent to distribute faces steep penalties in Virginia.
• Distribution of marijuana over 1/2 an ounce is considered a felony and, depending on the quantity, can result in a prison sentence ranging from 1 – 30 years, and a fine ranging from $2,500 to $100,000.
• Distribution of drugs such as cocaine, heroin, or methamphetamines carries mandatory minimum sentences ranging from 5 – 10 years with a maximum of life imprisonment, and fines up to $500,000.

For specific information on how serious a possession charge is, or if arrested for a drug crime in Virginia, contact a Virginia criminal lawyer.

Assault in Virginia

Assault and battery in Virginia occurs when creates a legitimate threat of harm, or causes physical harm to another.

• Simple assault and battery is a misdemeanor offense punishable by up to one year in jail and/or a fine up to $2,500.
• The offense can be elevated to a felony punishable by six months to five years in prison and a fine up to $2,500 should the assault and battery be motivated by racial factors, or committed against a specified person such as police officer or teacher.

Virginia law lists other offenses involving the use of weapons, or the intent to cause serious physical injury as separate crimes with more serious consequences. For more information on crimes against a person, or if arrested for assault and battery, contact a Virginia criminal defense attorney.

Virginia Drunk Driving – DUI

A first time DUI offense in Virginia can result in consequences such as suspension of license, fines, required alcohol rehabilitation classes, and potential jail time depending on the level of intoxication. For repeat offenders, the fines increase, and jail time becomes mandatory. If arrested for a DUI in Virginia, contact a Virginia DUI attorney for possible consequences and available defenses.

Right to a Jury in Virginia

A defendant in Virginia has the right to be tried by a jury in felony cases. If the defendant is on trial for a misdemeanor the court may, at the agreement of the prosecutor and defendant, hear the case without a jury. A right to jury may be waived in Virginia. In order to waive the right to a jury trial in a felony case the defendant must consult with counsel and have the decision agreed to by the prosecutor and trial judge. For more information on the procedure of waiving a right to a jury in Virginia, contact a Virginia criminal attorney.

Trial Date in Virginia

An accused in Virginia is entitled to a trial date to be set within five months of the indictment if the defendant is in custody awaiting trial, and nine months if the defendant is released on bail. A court may issue a continuance under certain circumstances. For more information on setting a trial date, getting a continuance, or what to do if a trial date is not timely, contact a Virginia criminal defense attorney.

Sentence Review / Appeals in Virginia

According to the procedures set forth Virginia courts, a defendant convicted of a crime may file an appeal of the conviction arguing an error made by the trial court that resulted in injustice. An appeal to a higher court must be filed in a timely manner, and follow proper court procedures. For details on the appeals process, or assistance filing an appeal, contact a Virginia defense attorney.

The Code of Virginia

Click here for the Virginia criminal law statutes:

1. Drug Possession in Virginia
1. Code of Virginia, Title 18.2: Crimes and Offenses, Chapter 7 §§ 248, 250, 250.1
2. Assault in Virginia
1. Code of Virginia, Title 18.2: Crimes and Offenses, Chapter 4 § 57
3. Virginia Drunk Driving – DUI
1. Code of Virginia, Title 18.2: Crimes and Offenses, Chapter 7 § 266
4. Right to a Jury in Virginia
1. Code of Virginia, Title 19.2: Criminal Procedure, Chapter 15 §§ 257, 258
5. Trial Date in Virginia
1. Code of Virginia, Title 19.2: Criminal Procedure, Chapter 15 § 243