Facing criminal charges in Bristow can cause stress and confusion, whether it is your first or subsequent offenses. The stress and confusion can cause you to lose focus on what is essential, resulting in endless mistakes that could prolong your ordeal or worsen your legal situation. You need help managing court dates, completing the required paperwork within the deadlines, and developing a defense strategy against your charges. What you need is the assistance of a skilled criminal attorney.
We have an excellent team of highly trained and experienced defense attorneys at Virginia Criminal Attorney who can start the lengthy legal journey with you. We understand the local, state, and federal laws very well, are familiar with the court processes and have experience handling all kinds of criminal cases. We can explain your legal situation and options, defend your rights, and use the best defense to push for a favorable resolution in your case.
The Arrest and Booking Processes in Bristow
If you are suspected or reported to have committed a crime, a judge can issue a warrant, giving law enforcement officers the authority to arrest you on sight. Some arrests happen at a crime scene when the police catch you in the act of crime. Other arrests happen on the streets, in markets, or in homes. The arresting officers will ensure you know the reason for your arrest and your rights as they take you to the station for booking. Remember that this happens when you are suspected of engaging in a crime. You will be convicted of a crime if you plead guilty or after a jury trial determines you guilty of your charges.
The booking process can take some time, as the police obtain the identifying information and details of your crime for the police database. They also enter your physical description, mugshots, and biometrics into the database. After booking, you are taken to a cell to await your arraignment in court.
This should be the best time to hire an attorney if you can afford a private one. Although legal representation is not mandatory, it is advisable. Attorneys understand more about the criminal justice system than ordinary people. Besides, the confusion and stress of being arrested and facing criminal charges can affect your ability to make quick and rational decisions. An attorney will ensure you are handled well and that you follow the legal processes as they should. If you cannot afford an attorney, the state will appoint one to help you prepare for a trial.
Criminal trials are generally very intense. The prosecution reads your charges and presents evidence against you before a jury and judge. The judge moderates everything to ensure the entire process is fair. You are given a chance to present your defense through your attorney. You can issue a statement, interview eyewitnesses, and table any evidence to help your case. After hearing all evidence and testimonies, the jury will deliberate to give the final verdict.
Criminal cases are ruled based on the evidence presented during the trial. You need strong evidence to counter the prosecutor’s case and have your case dismissed or your charges reduced. You also need a skilled person to deliver that evidence and interview witnesses who want to testify in your favor. Hiring a competent Bristow criminal attorney is an excellent idea. They will have your best interests in mind and will work hard to push for the best possible outcome in your case.
Types of Crimes a Competent Bristow Criminal Attorney Can Help With
The people of Bristow engage in all types of crimes, mainly classified under state and federal. Criminal law defines these crimes and possible penalties for anyone guilty after a successful criminal trial. Remember that you must plead guilty or be determined guilty by a jury trial or bench trial to be convicted. A sentence follows, including the penalties for the offense provided under the law. You can face charges for three main categories of crimes: infractions, misdemeanors, and felonies. Felonies are the severest of the three, and infractions are the least severe since a court fine mainly punishes them.
Note that even a minor crime counts in Virginia, as it can result in a criminal record. Criminal records are publicly available, meaning anyone can access your criminal history when they run a background check. A conviction record remains in your background for years, within which it can affect your professional and social lives. You can face challenges finding a suitable job, renting, or obtaining credit because of your damaging criminal background.
Grave crimes like violent felonies can result in lengthy prison sentences. You will be separated from your family and friends during that period. It becomes challenging to pick up your life from where you left off after serving a prison sentence. Most people do not recover what they lose after a felony conviction. Thus, you must plan well for your defense, regardless of the gravity of your charges. Remember that all crimes impact people’s lives. An attorney can help you avoid some of the most severe consequences of a conviction, allowing you to start life afresh.
Here are examples of crimes you can face charges for in Bristow, with their possible penalties. A competent attorney can help you plan a solid defense if you face charges for any of these crimes:
Assault and Battery
Assault and battery are sometimes used interchangeably to mean the same thing, but they are different crimes under the law. Their legal definitions and penalties are different.
Assault occurs when you intentionally create a reasonable fear of harm to another person. Battery occurs when you unlawfully touch another person in an angry, rude, or vengeful manner, even without causing them an injury. Simple battery and assault are Class 1 misdemeanors according to Virginia Code § 18.2-57. Simple misdemeanor or simple battery means no aggravating factors, like an injury or using a dangerous weapon. If any of these aggravating factors were present in your case, the prosecutor can file graver charges against you.
In a more detailed explanation of simple assault, it occurs through an overt act intended to cause harm or put the other person in fear of imminent physical damage. Physical contact is not necessary in an assault case. You can face charges even without physically touching the alleged victim. What matters is that your actions caused the victim to fear for their safety, for example, issuing verbal threats or making a physical move that indicates your intent to hurt someone.
On the other hand, simple battery occurs when you willingly establish unlawful contact with another person in an angry, rude, or vengeful manner. Physical contact is necessary for a battery charge. However, the touch does not necessarily have to cause bodily harm. The touch can be directly on the victim’s body or through another object. For example, if you slap or push a person or throw a rock at them, you can face simple battery charges. Other actions that satisfy the legal definition of battery include spitting on a person or pushing a table or chair against them.
Accidental touches cannot be treated as criminal acts unless they are done recklessly.
A class one misdemeanor is punishable by a maximum of 12 months in jail and a court fine of up to $2,500.
However, suppose you commit assault and battery as a form of discrimination against a person or their religious conviction, race, disability, gender, sexual orientation, color, or national origin. In that case, the prosecutor will file a Class 6 felony charge against you. This is punishable by a prison sentence of one and five years and a maximum fine of $2,500.
Suppose you knowingly commit assault or battery against a magistrate, judge, law enforcement officer, correction officer, firefighter, emergency medical service personnel, or any other protected person. In that case, you will face Class 6 felony charges.
Drug Crimes
Virginia law has strict drug laws that prohibit the possession, sale, distribution, and manufacturing of controlled substances. Violating these laws can result in grave charges and severe penalties under the Code of Virginia § 18.2-250. You will need the assistance of a skilled Bristow criminal attorney to fight your charges for a favorable outcome.
The illegal possession of drugs occurs when you are found with a controlled substance on your person or property without a legal prescription. For example, if you are under 21 years old and the police arrest you with marijuana, you can face charges for illegal possession of marijuana under Code of Virginia § 4.1-1105.1(A). This is the law that prohibits young people aged 21 or younger from consuming or possessing marijuana.
The possession of a Schedule I or II controlled substance is generally a Class 5 felony in Virginia, which can result in up to ten years in prison and a fine of up to $2,500, though alternative sentencing options may be available. Possession of a Schedule III substance is a Class 1 misdemeanor, punishable by a year in jail and $2,500 in court fines. The possession of a Schedule IV substance is a Class 2 misdemeanor, punishable by six months in jail and $1000 in court fines.
The illegal distribution or sale of a controlled substance occurs when you give away, provide to another person, deliver, distribute, or sell a controlled substance without the authority to do so. Prosecutors derive the intent to distribute or sell from the quantity of drugs in your possession or the presence of drug paraphernalia like weighing scales or baggies in your possession.
The illegal distribution or sale of a Schedule I or II controlled substance is punishable by up to 40 years in prison and a fine of up to $500,000. However, the possession of a Schedule III substance can result in Class 5 felony charges punishable by up to ten years in prison.
The unlawful manufacturing of a controlled substance occurs when a person produces or attempts to produce a controlled drug without the authorization to do so. The police can arrest and charge you with unlawful manufacturing if they find chemicals used to make a controlled substance in your possession.
Drug crimes carry severe penalties under the law. However, a competent Bristow criminal attorney can find a way to negotiate for a reasonable resolution in your case. They can introduce fresh evidence to counter the prosecutors, introduce mitigating factors for reasonable consideration by the court, or negotiate a plea deal.
Sex Crimes
Different sexual acts are criminalized in Virginia. Prosecutors file sex-related charges based on the details of a particular case. Here are examples of sex crimes you can face charges for and possible penalties:
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Rape, § 18.2-61
The prosecutor can file rape charges if you engage in sexual intercourse with another person against their will or through force, intimidation, or threats of violence.
Rape charges also apply if you engage in sexual acts with a minor or a person who is mentally or physically incapacitated.
A conviction for rape is punishable by five years or more, depending on the facts of your case and your criminal history.
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The Carnal Knowledge of a Minor, § 18.2-63
This occurs if you engage in sexual acts with a minor aged 15 or younger. These charges apply even if you do not use force, intimidation, or threats of harm to accomplish the act. Since a minor is incapable of consenting to sex, charges under this statute are grave. Generally, this is a class 4 felony, punishable by a maximum of ten years in prison and a fine of $100,000.
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Forcible Sodomy, § 18.2-67.1
You commit this offense when you engage in anal intercourse with another person against their will, through threats, force, or intimidation, or against a minor of 13 years or younger.
It is a felony crime, punishable by a minimum of five years in prison. The judge determines an appropriate sentence for this crime based on the details of your case and your criminal history.
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Sexual Penetration with an Object, § 18.2-67.2
The prosecutor will file charges under this statute if you use any animate or inanimate object to penetrate another person’s sexual organs without their consent. You can also accomplish this crime through force, intimidation, or threats of violence against a minor of 13 years or younger.
This, too, is a felony offense, punishable by a minimum of five years in prison.
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Aggravated Sexual Battery, § 18.2-67.3
This is a crime committed by anyone who sexually abuses a minor aged 13 years or younger or someone who is physically or mentally incapacitated. Parents, spet-parents, grand-parents, or step-grandparents can also face charges for aggravated sexual abuse for sexually abusing a child between 13 and 18 years.
Aggravated sexual battery is a felony offense punishable by up to twenty years in prison and a fine of $100,000.
Driving Under the Influence of Alcohol or Drugs
A skilled Bristow criminal attorney can also help you fight DUI charges to protect your reputation and save you from imprisonment and other grave penalties that come with a DUI conviction.
You can face DUI charges in Virginia if you operate a vehicle while impaired by drugs or alcohol or with a blood-alcohol concentration level of 0.08% or higher. DUI charges vary with the details of your case and your criminal history. DUI is a priorable offense, meaning that a prior DUI conviction within ten years will affect an underlying DUI charge.
A first DUI without an injury is a Class 1 misdemeanor, punishable by one year in jail and a $2,500 fine. A second DUI (where you have a prior DUI conviction within ten years) is also a Class 1 misdemeanor. However, penalties include a mandatory jail sentence of 20 days, a higher fine, and a longer license suspension.
A third DUI means that you have two prior DUI convictions within ten years of your criminal record. It is a Class 6 felony, punishable by 2 to 10 years in prison and a fine of up to $100,000. This conviction has a mandatory jail sentence of 90 days if the judge sentences you to probation. You could also face a more extended license suspension period, or the judge can revoke your license based on the details of your case.
Find a Competent Bristow Criminal Attorney Near Me
A criminal conviction in Bristow can result in life-changing penalties, including a lengthy stay in prison, a hefty acceptable payment, and a damaging record that will affect your professional and social lives for years. However, you can influence the outcome of your case with the assistance of an experienced Bristow criminal attorney.
We are highly recommended at Virginia Criminal Attorney for our prowess in fighting all criminal charges. We use the best defense strategies for our cases to push for the best possible outcome. We also understand how the legal processes work and can help you navigate them successfully. We will defend your rights and remain by your side until you are satisfied with the outcome of your case. Call us at 703-718-5533 if you or someone you love faces criminal charges today. Our team is ready to discuss your case and the terms of our service in detail.