Oakton

You can face criminal charges for many reasons, including false accusations, mistaken identity, or poor judgment. Regardless of the circumstances that preceded your criminal charges, it is crucial to ensure that you understand the charges against you. Your first step should be to contact an attorney to help you fight against your charges. At the Virginia Criminal Attorney, we take pride in being the go-to criminal attorneys. Our Oakton criminal attorneys are responsive and compassionate and will go out of their way to fight against your charges.

The Common Criminal Offenses Under Virginia Criminal Law

Some of the common crimes in Virginia include the following:

1. Murder – Va. 18.2-31

Courts in Virginia charge capital murder, first-degree murder, second-degree murder, voluntary manslaughter, and involuntary manslaughter as felonies. Capital murder is covered under Va. 18.2-31 and charged as a Class 1 felony. This offense constitutes certain circumstances surrounding murder, which are considered the most heinous felonies an individual can commit. You can face capital murder charges if you deliberately, intentionally, and with premeditation:

• Kill someone else during a robbery or while attempting to rob another person.
• Kill more than one person as part of the same act or transaction
• Kill a person below 14 years when you are above 21 years
• Kill a judge to interfere with the performance of his/her official duties

Sentencing procedures are outlined under Va. 19.2-264.3:1.1 if you are at least 18 years old and not mentally retarded. In this case, you could face a Class 1 felony that can attract a death sentence or life imprisonment. You can also face a fine that does not exceed $100,000. You could also be convicted of capital murder even if you are below 18 years old or intellectually disabled. This offense can attract a life imprisonment and a fine not exceeding $100,000.

You can face first-degree murder charges under Va. 18.2-32 if you kill another person in the following ways:

• Starving, imprisonment, lying in wait, or poisoning
• Deliberate, intentional, and premeditated killing
• While committing abduction, burglary, robbery, object sexual penetration, forcible sodomy, or rape

First-degree murder is often charged as a Class 2 felony. In this case, you can face an imprisonment of 20 years to life imprisonment. The judge can also impose a fine that does not exceed $100,000.

You can be guilty of second-degree murder under Va. 18.2-32 if you kill another person and the murder does not meet the requirements of capital or first-degree murder. The judge can impose a jail term of five to 40 years in a state prison.

Some of the defenses you can use to fight your murder charges include:

• Lack of evidence
• Duress
• Lack of intent
• Accidental death
• Coerced confessions
• Insanity
• Mistaken identity
• Self-defense

2. Rape – Va 18.2-61

Rape is covered under Va. 18.2-61. It is an offense under this statute to engage in sexual intercourse:

• Without the consent of the victim, using intimidation, threat, or force
• Taking advantage of the physical helplessness or mental incapacity of the victim, or
• With a victim below 13 years

However, Va. 18.2-61 does not apply if you are accused of rape and are 10 or 12 years. The presumption is often that a minor between 10 and 12 has no physical ability to commit rape.

Rape is charged as a felony and is punishable by a minimum of five years to life imprisonment. There are also special rape penalties against a minor victim below 13 years. You could face a mandatory jail term that does not exceed 25 years in a state prison if you are at least three years older than the victim. The judge can also impose a mandatory life imprisonment if you are at least 18 years old.

Additionally, Va. 18.2-61 does not permit an alternative punishment for rape offenses involving spouses. The judge can use their discretion to suspend your criminal sentence if you commit rape against your partner. In this case, the judge could order you to go to therapy or counseling. The court can only do this if it serves the victim’s interests or keeps the family unit intact.

On the other hand, attempted rape is covered under Va. 18.2-67.5. It is a crime under this statute to attempt to commit rape. You can face the charges even if you do not complete the act. Attempted rape is often charged as a Class 4 felony that can attract a jail term of two and ten years in a state prison. The court can also impose a fine that does not exceed $25,000.

You can present the following defenses against your rape charges:

• Lack of criminal record
• Child custody context
• You are a victim of mistaken identity
• Mistake of age
• The marital exception

3. Robbery – Va. 18.2-58

Robbery is covered under Va. 18.2-58. It is an offense under this law to take property from someone else using intimidation or violence to permanently deprive the owner of their property. If the prosecutor alleges that you committed robbery, he/she must prove these elements:

• You took another person’s property
• By intimidation, threats, force, or violence
• You took the asset or property from the owner’s presence
• You intended to deprive the owner of their property permanently

Robbery convictions often attract a jail term of five years to life imprisonment. Committing robbery using a gun is a different felony crime according to Va. 18.2-53.1. If it is your first offense, the judge can impose a jail term that does not exceed three years in a state prison. You can face a jail term that does not exceed five years if you are guilty of a second offense. The court can convict you of both robbery and use of a gun in committing a felony. In this case, your sentences will be consecutive. On the other hand, you could face life imprisonment or any jail term of at least five years if you commit robbery against another person by:

• Partial suffocation,
• Partial strangulation,
• Beating, or
• By other violence

The defenses you can use to fight robbery charges include:

• You were falsely accused
• You are a victim of mistaken identity
• You honestly believed you had a right to the property
• You did not use fear or force to take the property

4. Assault And Battery – Va. 18.2-57

Assault and battery are covered under Va. 18.2-57 but have different legal notions with distinct elements. However, they are both categorized as Class 1 misdemeanors. Assault is legally considered a harmful, offensive, or intentional act that can cause anxiety or fear of expected injury. This encompasses intimidation by non-physical acts, which can make someone else fear.

The court can convict you of battery if you intentionally touch someone in an offensive or harmful manner, without their consent, permission, or legal basis. This offense also includes touching another person with an object after setting the object in motion.

If the prosecutor accuses you of assault and battery, he/she must prove the following elements of the crime:

• You acted intentionally to create fear of harm to someone
• Your action was harmful or offensive and presented a physical threat to the victim

Types of Assault and Battery and Their Penalties

The court can convict you of assault and battery as a misdemeanor or felony, depending on the severity of your crime and other specific facts of your case.

Simple Assault

You can be guilty of simple assault if you deliberately attempt to inflict bodily harm on another person or intentionally act in a manner that can cause another person to fear. This offense falls under a Class 1 misdemeanor that can attract a jail term of one year in a county jail. The judge can also impose a fine that does not exceed $2,500. You can face similar penalties if your crime involves offensive or harmful contact.

Domestic Assault

Battery against a household or family member is considered a domestic assault under Virginia criminal law. Domestic assault differs from simple assault and battery. This offense encompasses battery of a former or current intimate partner, child, sibling, or parent, regardless of whether you live with them or not.

Domestic assault is often charged as a Class 1 misdemeanor. This offense can attract a jail term of one year in a county jail & a fine that does not exceed $2,500. Apart from assault and battery, the judge can also convict you of domestic violence, which effectively doubles your jail term and fines. You will serve probation rather than a prison term  if it is your first domestic violence charge. However, your offense will be considered a Class 6 felony if you have been convicted of assault, assault & battery, or domestic violence within the past 20 years. In this case, you could face a jail term of five years in a state prison and a fine of up to $2,500.

Unlawful Wounding

Certain acts of malicious wounding are associated with assault & battery but are considered felonies. You can be guilty of unlawful wounding under Va. 18.2-51 if you injure someone by stabbing, cutting, shooting, or in any other manner. The court can convict you under this statute if you intended to kill, maim, disable, or disfigure the victim. However, your offense can only qualify as unlawful wounding if you used a gun or the victim’s skin was broken. This crime is often considered a Class 6 felony that attracts a jail term of five years in a state prison and a fine of up to $2,500. You will face extra charges linked to the unlawful use of a gun if you shoot the victim.

Malicious Wounding

Malicious wounding is a type of battery that can inflict severe injuries, such as shooting, stabbing, or cutting. You will be considered to have acted with malice if you intentionally and purposely cause extreme injury to another person. This offense is often charged as a Class 3 felony that can attract a jail term of 5 to 20 years in a state prison. The judge can also impose a fine of up to $100,000. On the other hand, strangulation can inflict severe injuries on someone. This offense is charged as a Class 6 felony, which can attract a jail term of one year in a county jail and a fine of $2,500.

The following are the defenses you can present to fight your assault & battery charges:

• Parental right to discipline a child
• You did not act willfully
• You acted in self-defense or defense of another person

1. Stalking – Va 18.2-60.3

According to Va. 18.2-60.3, stalking is a pattern of behavior that puts someone else in reasonable fear of death, bodily harm, or sexual assault. If the prosecutor accuses you of stalking, he/she must prove these elements:

• You were stalking someone else.
• You have engaged in two or more acts of stalking. You can be guilty of this offense if one incident of stalking happened in Virginia and the other incident in another state.
• You intended to make another person fear bodily harm, sexual assault, or death.

Stalking can constitute various actions, including:

• Leaving unwanted items, letters, or gifts for the victim
• Sending threatening messages or making them on social media platforms
• Sending the victim unwanted texts or phone calls regularly
• Showing up at the victim’s workplace, home, or other frequented locations
• Following the victim frequently

You can face stalking penalties based on whether the offense is charged as a Class 1 misdemeanor or Class 6 felony. Subsequent convictions for stalking can also increase the punishment. If the court convicts you of misdemeanor stalking, you can face a jail term of up to a year in a county jail & a fine that does not exceed $2,500. The court can also impose a protective order requiring you to avoid the victim.

If the judge charges you with felony stalking, you can face a jail term of up to five years in a state prison and a fine that does not exceed $2,500. The judge can, however, lower your penalty to a jail term of one year and a fine of $2,500 if he/she imposes a no-contact order on you.

The following are the defenses you can use to challenge your stalking charges with the help of your Oakton criminal attorney:

• Your actions were a constitutionally protected activity
• There was no intent to cause fear
• There was no credible threat

Aggravating Factors In Oakton Criminal Cases

Aggravating factors in criminal cases are specific circumstances that can enhance the severity of the offense and the possible sentence, often resulting in severe penalties. Some of the factors include:

Severe Injuries To The Victim

This includes a sustained assault, multiple victims, and psychological or physical harm.

Use Of A Weapon

Using a dangerous weapon at the time of the crime, like a gun or a knife, can greatly enhance the severity of the offense.

Vulnerability Of The Victim

Offenses against vulnerable victims like the elderly or children are often regarded as aggravating.

Committing Another Offense

Offenses committed during the commission of another severe felony, like murder or robbery, can be an aggravating factor.

Protected Persons

Offenses against protected individuals like police officers can be aggravated if you were aware or had reason to know the victim was protected.

Planning And Brutality

If you committed murder after prior planning and involved extreme brutality, it can be deemed an aggravating factor.

Mitigating Factors In Virginia Criminal Cases

Mitigating factors in criminal cases are facts that can lower the severity of a sentence. Your Oakton Criminal attorney can present them in court to show that your criminal actions are less blameworthy because of certain circumstances. Some of the common mitigating factors include:

Youth or Age

You will be considered less responsible and more susceptible to rehabilitation if you are younger, especially below 26 years.

Remorse And Cooperation

Cooperating with the police and showing genuine remorse for the offense can positively influence your sentencing.

Mental Health Problems

Your mental health issues can be a mitigating factor. Your mental health can greatly impair your ability to understand the nature of your actions or to conform your conduct to the law during the crime.

Minor Role In The Offense

Playing a passive or minor role compared to others involved in the offense can lower your culpability.

Lack Of Criminal History

You can be seen as less likely to commit another crime, leading to a lesser sentence if you have no prior criminal record or a minimal one.

The other mitigating factors can be:

Acknowledging Wrongdoing

Accepting that you have committed a crime can demonstrate remorse and willingness to cooperate, leading to a reduced sentence.

Restitution

You can show a willingness to take responsibility for your offense by paying restitution to the victim.

Necessity

It can be regarded as a mitigating factor if you acted out of necessity to prevent greater harm.

Difficult Personal History

Evidence of neglect, abuse, or other traumatic experiences in the past can be presented as a mitigating factor.

Find an Oakton Criminal Attorney Near Me

Facing criminal charges can be traumatizing, especially when you do not know what to expect. At the Virginia Criminal Attorney, we have committed attorneys who help you create a solid defense against your charges. Our experienced attorneys are well-suited to provide legal advice and representation for people facing different criminal offenses. No matter the intricacy of your case, our attorneys can provide you with competent, case-specific defense in Northern Virginia and Fairfax. Contact us at 703-718-5533 to speak to one of our attorneys.