Criminal Defense Lawyer in Fairfax County, Virginia — What Are Your Rights?
Virginia Criminal Law Definition
Virginia criminal law is codified in Title 18.2 of the Virginia Code. A crime is an act or omission forbidden by law and punishable upon conviction. Crimes are classified as misdemeanors (less serious) or felonies (more serious). The classification determines the potential penalties and the court where the case is heard.
Last verified: March 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia criminal statutes, see the Virginia Code Title 18.2 (Crimes and Offenses) on the official Virginia General Assembly website. For Fairfax County court information, visit the Fairfax County General District Court website.
Fairfax County Criminal Court Process
Your case begins at the Fairfax County General District Court for misdemeanors or felony preliminary hearings. Felony trials move to Fairfax County Circuit Court. The Commonwealth’s Attorney for Fairfax County prosecutes all cases.
- Initial appearance and bond hearing: Appear before a magistrate within 24 hours of arrest for bond determination. Personal recognizance is common for first-offense misdemeanors.
- Arraignment and plea entry: Formally hear charges and enter a plea of guilty, not guilty, or no contest at Fairfax County General District Court.
- Discovery and motion practice: Review prosecution evidence, file motions to suppress or dismiss, and negotiate with the Commonwealth’s Attorney.
- Trial or plea resolution: Proceed to bench trial in GDC for misdemeanors, or jury trial in Circuit Court for felonies. Consider plea agreements when appropriate.
- Sentencing or appeal: If convicted, present mitigation evidence. Appeal GDC decisions to Fairfax County Circuit Court within 10 days.
Criminal Penalties in Fairfax County
In Fairfax County, criminal penalties depend on the classification of the offense, with Class 1 misdemeanors carrying up to 12 months in jail and a $2,500 fine, and felonies carrying prison terms of one year to life.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Assault & Battery (Va. Code § 18.2-57) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Protective order, permanent record |
| Petit Larceny (<$1,000) (Va. Code § 18.2-96) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Restitution, permanent record |
| Grand Larceny ($1,000+) (Va. Code § 18.2-95) | Felony (Class 6 or 5) | 1-10 years | Up to $2,500 | None | Felony record, restitution |
| Driving on Suspended (Va. Code § 46.2-301) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Additional suspension | DMV points, insurance increase |
Results may vary. The penalties listed are maximums; actual outcomes depend on case facts, criminal history, and court discretion.
Our Criminal Defense Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our attorneys combine over 120 years of legal experience. We have achieved 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Our tagline is “Global advocacy. Local precision.”
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—a 97% favorable outcome rate for this locality.
Results may vary. Prior results do not aim for a similar outcome.
Local Criminal Defense Service
Our Fairfax location serves clients at the Fairfax County courts on Chain Bridge Road. We are a criminal defense lawyer near Fairfax County Courthouse, serving Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Phone: (703) 636-5417
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 Services
For more information, see our Virginia criminal defense lawyer hub page. We also serve neighboring areas: Fairfax City, Falls Church, and Prince William County. In Fairfax County, we also handle DUI/DWI defense and family law matters. Learn more about attorney Kristen Fisher.
Last verified: March 2026. Information current as of verification date. Laws change—contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.