Being accused of a crime can be confusing and stressful. The prosecutors and police are usually aggressive in the pursuit of justice. Even worse, the Commonwealth’s procedures seem to bend against the accused. Without a doubt, there are clichés like proof beyond a reasonable doubt and presumption of innocence. However, there is also jury-recommended sentencing without context and limited discovery. Whichever the case, the fact remains that some defendants are wrongfully convicted of offenses.
At Virginia Criminal Attorney, we work tirelessly to prevent this from happening. If the authorities have arrested or charged you in George Mason, we can help you. We have managed to fight against criminal charges in George Mason and understand federal and Virginia criminal law. Our lawyers will develop a compelling defense strategy capable of stopping any wrongful conviction. They will thoroughly evaluate your case, determining the grey areas that can lead to the most favorable outcome. Do not hesitate to call us, regardless of the crime you have been charged with.
The General Definition of Crime Under Virginia Law
A crime, also called a criminal offense or violation, is an activity or act that breaks the law. You commit a crime when you do an act the law states you should not do or neglect to do an act the law states you should do. Even if you do not know what the law says and commit an act contrary to what the law states, you are still liable for an offense. Being ignorant of what the law says is not an excuse for committing a crime, and it is not a valid defense in court. This appears to be unfair, but think about it. If ignorance of the law were a defense, everyone would use it to excuse their unlawful actions.
All Crimes Are Not the Same
Criminal offenses are not all the same. They are primarily categorized into two types: misdemeanors and felonies. Felonies are severe crimes punishable by federal or state prison time for a minimum of 12 months and a potential fine. Misdemeanors are lesser crimes punishable by a possible court fine and a county jail term not exceeding 12 months. Some acts can be classified as either a felony or a misdemeanor based on the facts surrounding the case and the severity of the wrongful act.
Felonies are further divided into classes for sentencing purposes. The felony classes range from Class 1 to Class 6, with Class 1 felonies being the most severe and Class 6 being the least severe. The consequences of felony crimes in George Mason vary based on the class under which the crime is categorized, as follows:
If convicted of one of the Class 1 felonies, your punishment will include life in prison and a potential court fine that does not exceed 100,000 U.S. dollars. If you were eighteen years old or above when you committed the crime, you would be subject to life in prison without the possibility of parole, a court fine that does not exceed 100,000 U.S. dollars, and you would be ineligible for any conditional release. Capital murder, first-degree murder, and aggravated murder are examples of Class felonies. Capital murder carries the additional possibility of the death penalty as a punishment.
If found guilty of any of the Class 2 felonies, you will be subject to a potential fine not exceeding $100,000 and time in prison ranging between twenty years and life. Examples of Class 2 felony offenses are aggravated malicious wounding, kidnapping, arson, and burglary using a deadly weapon.
If convicted of a Class 3 felony crime, you will face a potential fine that does not exceed $100,000. You will also face time in prison ranging between five and twenty years, among other consequences. Class 3 felonies include malicious wounding, burglary, arson, providing material support to terrorists, and certain drug crimes.
If found guilty of a Class 4 felony, you will be subject to a potential fine not exceeding $100,000. You will also be subject to time in prison ranging from two to ten years. Class 4 felonies include child abuse, arson of an unoccupied building, and human trafficking. Others include bigamy, falsifying public records, shooting at a vehicle, and possession of a sawed-off shotgun.
If you commit any of the Class 5 felonies, your sentence will include one to ten years in prison or a jail term not exceeding one year. You will also be subject to a fine not exceeding $2,500. Examples of Class 5 felony crimes are involuntary manslaughter, voluntary manslaughter, and computer fraud. Extortion, perjury, certain drug offenses, credit card forgery, and soliciting prostitution of a minor also fall under the Class 5 felony category.
If found guilty of one of the Class 6 felonies, you will be subject to a jail term not more than one year or a prison term ranging between one and five years. Your punishment will also include a potential fine not exceeding $2,500. Class 6 felony crimes include some drug possession charges, aggravated assault, animal cruelty, reckless endangerment, and a third DUI offense within five years.
Like felony crimes, misdemeanor crimes are divided into different classes for sentencing purposes. However, instead of six, these are divided into four classes. Class 1 misdemeanors are the most severe, while Class 4 misdemeanors are the least severe. The punishment you will face for committing a misdemeanor offense in George Mason will depend on the class under which your violation falls.
If convicted of one of Class 1 misdemeanors, you will face a jail term not exceeding one year and a potential court fine of up to $2,500. Misdemeanor crimes include DUI, assault and battery, reckless driving, disorderly conduct, and petit larceny. Other Class 1 crimes are:
- Trespass
- Driving on a suspended license
- Second or subsequent possession of marijuana
- Destruction of property with the intent of stealing
If found guilty of any of the Class 2 misdemeanors, you will face a jail term of up to six months. Your sentence will also include a potential fine not exceeding $1,000. Class 2 misdemeanors include driving without a license and possession of drug paraphernalia. Other crimes within this category include the following:
- Possession of Schedule IV controlled substances
- Second visitation or custody court order violation
- Showing a fake vehicle permit
If found guilty of any of the Class 3 misdemeanors, you will be subject to a court fine of up to $500. Here, you will not face any jail time. Examples of Class 3 misdemeanor violations are violating a visitation or custody court order, possessing Schedule V drugs, and driving without automobile insurance.
If convicted of any of the Class 4 misdemeanors, you will be subject to up to $250. Like Class 3 misdemeanors, you will not be jailed if found guilty of any of Class 4 misdemeanor crimes. Examples of Class 4 misdemeanor violations are:
- Profane swearing,
- Public intoxication,
- possessing Schedule VI narcotic, and
- Simple trespassing.
- Drinking while driving a vehicle
- Violation of open container laws
Unclassified Crimes
Any misdemeanor offense for which the law does not prescribe maximum punishment or punishment is deemed one of Class 1 misdemeanors. Additionally, crimes described under Title 18.2 that have a prescribed punishment but are not categorized under any specific class are punishable per the punishment outlined under the section or sections of the crime.
What Are Capital Offenses?
A capital crime, also called a high crime, refers to any violation that carries the death penalty or capital punishment as a consequence. In 2021, the Commonwealth of Virginia became one of the states to do away with capital punishment. That means offenders prosecuted in George Mason for a capital offense might not be subject to execution. Other states continue executions.
Capital offenses in states that have the death penalty include, without limitation:
- Murder of a police officer
- Murder originating from a narcotics distribution crime
- Murder for hire
- Multiple killings
Collateral Repercussions of a Criminal Conviction in George Mason
Several other repercussions are at times not apparent until later. Besides the penalties the court will impose, like prison or jail sentences and fines, you can also face the following consequences if found guilty of a crime in George Mason:
- You will have a criminal record, possibly permanent
- Your friends and family may feel embarrassed by you
- You may lose the chance to join the armed forces
- You may lose the chance to secure specific jobs
- You might lose your driving privilege
If you are an adult guilty of a felony offense, you will:
- Lose your right to vie for public office
- Lose your right to own or possess a gun or ammunition
- Lose your right to vote
Juveniles who violate the law can face the following collateral consequences:
- Potential loss of the chance to secure certain jobs
- Potential inability to join the armed forces
- A possible denial to join the colleges of their choice
- A possible disqualification from receiving scholarships or awards
- A possible delay or suspension of their driving privileges
- Their friends and families may feel embarrassed by them
Additionally, according to the law, the school division superintendent must be informed when a child commits certain crimes, whether on or off school property. That means the school will be aware if a student perpetrates certain crimes.
A Jail vs. a Prison: Explaining The Difference
A jail is a local correctional facility run by a locality or county. A regional jail is run by a group of localities. A person in jail is either waiting for the ultimate sentencing or trial, or the court has sentenced them to confinement for not more than one year.
A prison is a correctional facility operated by the federal or state government. A person in a state prison has violated a state law, and the court has sentenced them to over one year. A person in a federal prison has violated a federal law.
A Juvenile Can Be Prosecuted as a Grownup In George Mason
Per Virginia laws, there are various ways a child offender can be prosecuted as an adult. These include, without limitation:
- Firstly, a sixteen-year-old child offender accused of aggravated malicious wounding or murder may be prosecuted as an adult
- Secondly, a child offender aged 14 years or older might be prosecuted as an adult if they commit an offense that would be deemed a felony violation if perpetrated by an adult. However, in this case, the judge must first transfer the case to adult court after granting a Commonwealth attorney’s request.
The court considers many factors when deciding whether a child offender will be prosecuted as an adult. These include the offense’s severity and the child offender’s role in committing the offense. If prosecuted as a grown-up and convicted, the juvenile might face a prison sentence, and their criminal record will be permanent.
However, a person subject to life in prison for a single or numerous felonies perpetrated while the individual was a child and has served twenty years of their sentence qualifies for parole (Va. Code 53.1-165(e)).
Your Rights When in the Custody of the Police in George Mason
Regardless of the exact conduct that led the police to make a criminal arrest, a suspect’s rights remain intact. Soon after the police arrest you, they must Mirandarize you.
The most critical part of the Miranda rights is your right to not say anything and stay silent. The authorities can question you as many times as they want. However, you need not answer their questions under any circumstances. In fact, defense attorneys often advise against responding to questions from the police. This right is invoked concurrently with another part of the Miranda rights: the legal right to a lawyer’s presence during an interrogation.
If you feel speaking with law enforcement officers will help, a lawyer’s presence can help prevent self-incrimination. Additionally, an attorney’s presence can make it explicit that you do not wish to speak altogether. You should always remember that law enforcement does not want to help you. Their only agenda is to gather information, a confession if possible. A George Mason criminal lawyer could assist you in protecting your rights.
Bail Terms and Conditions In George Mason
Should an arrest trigger formal charges in a George Mason criminal court, a lawyer can come in handy from the initial stages of your case. The very first time you appear before the court is during an arraignment. Generally, this hearing happens the same day the arrest occurred or the following morning.
Several things happen at an arraignment. The first one is entering formal charges into the court docket. At times, the judge or magistrate determines conditions for release or bail. You can be released on your own recognizance if you are charged with a misdemeanor. Essentially, that means you promise to make court appearances for all your future hearings and not commit any additional crimes.
However, should the judge believe you are likely to flee the jurisdiction or pose a danger to the public, they might set bail. This is particularly so when you face felony charges. Should the court decide not to address the bail issue during the arraignment, you can bring a bail bond motion the following day.
A George Mason criminal lawyer could assist you in fighting for fair bail terms and conditions. They can assist you in presenting arguments before the judge that you will attend all future hearings and that it is unnecessary to impose pre-trial release conditions.
Evidentiary Issues That Arise In George Mason
Most people assume a trial in court is the sole opportunity an accused person has to challenge the charges they face. Luckily, that is not the case. A George Mason criminal lawyer knows the steps they can take to assist soon after the case commences with a court arraignment.
A powerful tool your lawyer can utilize is the general rule that the prosecution must disclose its witnesses and evidence in felony charges. In this case, there will be no surprises when you go to court, and your legal counsel has the chance to assess the evidence’s legality and strength.
For example, if you are facing a narcotics possession charge, you might discover that the prosecution’s evidence against you arose from a search warrant the police executed on your house. There might be some doubt that the search disclosed controlled substances. However, the legality of the search might be debatable. A George Mason criminal lawyer may assist in questioning the legality of any evidence the prosecutor may include in their disclosure package.
Find a George Mason Criminal Defense Lawyer Near Me
If arrested or charged in George Mason, facing those criminal charges alone would be unwise. You want to contact a George Mason criminal lawyer to learn more about the charges against you and the strongest defense strategies available. At Virginia Criminal Attorney, our lawyers will help you navigate the criminal justice system, handling all the legal nuances on your behalf. We have an in-depth understanding of federal and state laws. We also know how local, state, and federal courts operate. All this knowledge helps us obtain the best possible outcome for our clients, and we can do the same for you. Contact us today at 703-718-5533 to set up a complimentary consultation with our skilled criminal defense attorneys.
