Criminal Defense Lawyer in Fairfax County, Virginia — What Are Your Rights?
Virginia Criminal Law Definition
Virginia criminal law, codified primarily in Title 18.2 of the Virginia Code, defines offenses from misdemeanors to felonies. A Class 1 misdemeanor, such as simple assault under § 18.2-57, is punishable by up to 12 months in jail and a $2,500 fine. Felonies like grand larceny (theft of $1,000 or more) are classified from Class 6 (1-5 years) to Class 2 (20 years to life). The law also establishes procedures for arrest, bail, trial, and sentencing, including first-offender programs under § 19.2-303.2 and expungement rights under § 19.2-392.2.
Last verified: March 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia criminal statutes, refer to the official Va. Code Title 18.2 (Crimes and Offenses) published by the Virginia General Assembly. For Fairfax County court information, including forms and procedures, visit the Fairfax County General District Court website.
Fairfax County Criminal Court Process
Your case begins at the Fairfax County General District Court for misdemeanor trials or felony preliminary hearings. The Commonwealth’s Attorney for Fairfax County prosecutes all cases. You have an absolute right to a jury trial in Circuit Court for any charge carrying potential jail time.
- Initial Appearance & Bond: A magistrate sets bond after arrest. Personal recognizance is common for first-offense misdemeanors.
- Arraignment: Enter a plea of not guilty, guilty, or no contest at your scheduled court date.
- Discovery & Motions: Your attorney reviews all evidence and may file motions to suppress or dismiss.
- Trial or Negotiation: Your case proceeds to a bench trial in GDC or you negotiate a plea agreement.
- Sentencing: If convicted, the judge imposes sentence based on Virginia sentencing guidelines.
- Appeal: You have 10 days to appeal a GDC conviction to Fairfax County Circuit Court for a new trial.
Criminal Penalties in Fairfax County
In Fairfax County, criminal penalties range from fines for minor offenses to years of incarceration for felonies, with specific classifications defined by Virginia law.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Assault & Battery (§ 18.2-57) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Protective order possible |
| Petit Larceny (< $1,000) (§ 18.2-96) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Restitution required |
| Driving on Suspended (§ 46.2-301) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Additional suspension | Mandatory minimum fine |
| Grand Larceny (≥ $1,000) (§ 18.2-95) | Felony (Class 6 or 5) | 1-10 years | Up to $2,500 | None | Felony record |
| Drug Possession (Schedule I/II) (§ 18.2-250) | Class 5 Felony | 1-10 years | Up to $2,500 | Driver’s license suspension | First-offender program possible |
Results may vary. The penalties listed are maximums established by statute; actual outcomes depend on the specific facts of your case, your criminal history, and court discretion.
Why Choose Our Firm for Your Fairfax County Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have achieved 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. In Fairfax County specifically, we have 501 documented criminal defense results. Our tagline, “Global advocacy. Local precision,” reflects our approach to your defense.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results in Fairfax County
Law Offices Of SRIS, P.C. has 501 documented criminal defense results in Fairfax County: 336 cases dismissed or found not guilty, 143 charges reduced or amended, and 5 other favorable outcomes, representing a 97% favorable outcome rate for our Fairfax County clients.
Results may vary. Prior results do not aim for a similar outcome in your case.
Serving Fairfax County and Surrounding Communities
Our Fairfax location represents clients at the Fairfax County courts on Chain Bridge Road. As a criminal defense lawyer near Fairfax County, we serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. We offer 24/7 phone consultations at (888) 437-7747 — all meetings are by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Phone: (703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Fairfax County, Virginia?
A Class 1 misdemeanor in Fairfax County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Fairfax County General District Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030). 501 documented results: 336 dismissed/not guilty, 143 reduced/amended, 5 other favorable (97% favorable outcome rate).
Can criminal charges be expunged in Fairfax County, Virginia?
Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Fairfax County Circuit Court. First-offense marijuana possession may qualify through deferred disposition. 501 documented results: 336 dismissed/not guilty, 143 reduced/amended, 5 other favorable (97% favorable outcome rate).
How does bail work in Fairfax County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Fairfax County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Fairfax County General District Court. Bond amount set by magistrate at arrest — personal recognizance for many first-offense misdemeanors; secured bond typical for felonies (bail bondsman charges approximately 10%); public defender eligibility based on income; court-appointed attorney fee: $120 (misdemeanor) to $445+ (felony).
Do I need a criminal defense lawyer in Fairfax County, Virginia?
Criminal charges in Fairfax County are prosecuted by the Commonwealth’s Attorney and heard at Fairfax County General District Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030). Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. 501 documented results: 336 dismissed/not guilty, 143 reduced/amended, 5 other favorable (97% favorable outcome rate) Contact SRIS 24/7 at (888) 437-7747 for a Consultation by appointment.
What is the difference between GDC and Circuit Court in Fairfax County?
Fairfax County General District Court handles misdemeanor trials and felony preliminary hearings. Fairfax County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time. Fairfax County General District Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) is the GDC location.
Related Legal Resources
For more information, visit our Virginia criminal defense lawyer hub page. We also serve clients in nearby localities including Fairfax City, Falls Church, and Prince William County. If you have related legal needs, consider our Fairfax County DUI lawyer or Fairfax County reckless driving lawyer services. Learn more about attorney Kristen Fisher’s background.
Last verified: March 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.