Handling criminal justice matters in Virginia can become challenging for those seeking legal assistance. Whether you are a resident, visitor, or defendant, you want to know the details of your criminal charges. Under Virginia law, different criminal offenses, such as theft, assault, drug-related offenses, DUI, and white-collar crimes, are classified by severity, intent, and specific circumstances. These classifying factors determine the range of penalties, from fines to prison terms.

You will also need an experienced lawyer to learn more about your offense and possible statutory consequences and build defense strategies. We dedicate ourselves to building solid defenses that protect your rights and prospects at the Virginia Criminal Attorney. Our defense lawyers are on standby to represent you in court if you face charges in Sterling.

The Common Criminal Offenses In Sterling

The Virginia criminal code features two types of offenses: misdemeanors and felonies. Misdemeanors attract minimal consequences, while felonies have severe consequences, including lengthy prison terms and hefty fines. Below are various Virginia offenses, their legal consequences, and available defense strategies.

Capital Murder, Virginia Code 18.2-31

Capital murder stands as the most serious homicide offense according to Virginia law. A Virginia Code 18.2-31 violation demonstrates exceptional gravity since it falls under the Class 1 felony category.

What the Prosecution Must Demonstrate

The prosecution must establish beyond a reasonable doubt that the victim’s death occurred through your deliberate and premeditated actions before the judge can convict you. The homicide must occur under particular conditions, including:

  • A victim dies during an abduction with intent to extort money or defile the victim

  • Death of a victim as a result of a murder-for-hire arrangement

  • A prisoner murdering another prisoner while in an incarceration facility

  • Death of a victim during robbery, rape, forcible sodomy, or sexual penetration

  • Murder of a law enforcement officer, firefighter, or judicial official while they are on duty

  • Commission of multiple homicides either in the same act or within three years

  • A victim dies during your commission of a drug offense involving Schedule I or II substances

  • The victim dies as a result of criminal gang activity

  • The murder of a pregnant woman to end her pregnancy

  • The murder of a person under 14 by someone 21 or older

  • Causing death to a victim due to terrorist activities or when they aim to prevent criminal case testimony

Penalties for Capital Murder in Sterling

Capital murder stands as the most severe punishment under the classification of Class 1 felony. The sentence for defendants who are eighteen years old or older or not mentally incapacitated consists of death or life imprisonment together with a possible fine reaching $100,000. Life imprisonment stands as the punishment for convicts under 18 years old or those who are mentally impaired.

Possible Defenses

The defense against capital murder requires your Sterling defense lawyer to develop multiple strategic arguments, which include:

  1. You did not carry out the criminal act

  2. Your actions were not intentional nor premeditated

  3. Yours is a case of mistaken identity

  4. Evidence against you was obtained unlawfully

  5. You acted in self-defense 

  6. You suffered diminished mental capacity

Rape, Virginia Code 18.2.61

Per Virginia Code 18.2-61, rape involves forcible sexual intercourse regardless of the marital status of the individuals involved.

Categories of Rape

Virginia rape offense encompasses multiple categories that define different scenarios of sexual assault. These categories are:

  • Gang rape. This act occurs when multiple attackers assault one victim through violent conduct or by drugging them. 

  • Child rape. The act of sexual abuse against children involves both incest and sexual assault between children. Also, any sexual act not classified as a lesser sexual battery against a minor is deemed rape.

  • Date rape. With date rape, the perpetrator has a previous acquaintance with the victim, with whom they had started a relationship.

  • Drug-facilitated rape. It occurs when the victim becomes intoxicated without consent before the assault. 

Elements to Rape

A rape conviction requires the prosecution to show beyond reasonable doubt that sexual intercourse happened during one of these three situations:

  • Sexual intercourse occurred against the victim’s consent as a result of forceful, threatening, or intimidating actions

  • The victim lacked either the mental capacity or the physical ability to consent to sexual activities

  • The victim was under 13 years old, making consent legally impossible

The prosecution must demonstrate one of the specified conditions while presenting evidence that sexual intercourse occurred to secure your conviction.

Penalties for Rape

Rape in Virginia leads to substantial punishment. The law mandates sentences from five years to life imprisonment. When an offender is older than three years than the underage victim, the court must sentence them to at least 25 years behind bars. Some cases result in life imprisonment. 

All convicted offenders must enroll as sex offenders, and failure to do so results in more severe legal action. In spousal rape cases, the judge can choose to order probation and therapy for defendants, which could lead to court dismissal after successful completion.

Possible Defenses Against Rape Charges in Sterling

You can defend against rape charges using various legal defense strategies. Your defense attorney can argue the following:

  • Your sexual intercourse with the plaintiff was mutually agreed upon. Submission through fear or coercion does not qualify as consent

  • Sexual acts never happened

  • There was no intimidation or force 

  • Yours is a case of wrong identity

  • You suffered mental incapacity during the crime

Note that Virginia does not permit marriage to serve as a defense against rape charges because the law demands consent in every situation. 

Robbery, Virginia Code 18.2-58

Under Virginia Code 18.2-58, robbery is the act of forcefully taking property or money from someone else to make the owner permanently lose ownership.

Facts the Prosecutor Must Prove

The prosecution needs to prove beyond doubt that all robbery elements exist for a conviction to happen. These include:

  • You gained control of and relocated the property, regardless of how small the movement was.

  • The victim had control over the property, although they did not physically possess it while within proximity to it.

  • The taking occurred against the victim’s free consent.

  • You planned to keep the stolen item to permanently deprive the owner of it

  • You employed actual force or threats or intimidation procedures like brandishing weapons or creating fear of physical harm.

Classification of Robbery

All robberies in Virginia qualify as felonies, yet their classification varies according to specific conditions. For example:

  • The offense will be considered a Class 2 felony when the robbery causes fatal injuries or leads to someone’s death.

  • The offense becomes a Class 3 felony when an offender either uses a firearm or shows it as a threat.

  • Robbery falls under Class 5 felony status when perpetrators use physical force but no serious injuries occur, or they display any non-firearm deadly weapon.

  • The crime becomes a Class 6 felony when intimidation methods or threats without weapons are employed.

Penalties for Robbery

Penalties for robbery convictions vary:

  • A class 2 felony attracts a 20-year prison sentence and a fine not exceeding $100,000.

  • A class 3 felony attracts 5 to 20 years in prison and up to a $100,000 fine.

  • Class 5 felonies carry a maximum sentence of 1 to 10 years in prison, up to 12 months in jail, and a $2,500 fine.

  • Class 6 felonies carry a maximum sentence of 1 to 5 years in prison, up to 12 months in jail, and a $2,500 fine.

If you use a firearm, the judge could enhance your sentence. You could be subject to an additional mandatory minimum of 3 years for a first offense and 5 years for subsequent offenses.

Possible Defenses Against Robbery Charges

A defendant can use multiple defenses to challenge robbery charges, including duress, innocence, lack of force or violence, consent, and ownership claims.

  • Under the duress defense, you could claim that you committed the offense because you received threats of severe injuries.

  • You can establish your innocence by showing an alibi or disproving identification.

  • You can reduce your offense charge by showing no force was used during the incident.

  • Also, you can use consent as a defense when the victim willingly provided the property.

  • You assert your right to property ownership if you believe that the property belongs to you.

These defenses will succeed based on individual case circumstances and proper legal representation.

Arson, Virginia Code 18.2-80

Virginia Code 18.2-80 defines arson and its legal penalties. The statute makes it illegal to maliciously set buildings and structures on fire or destroy them using fire or explosives to protect property and people from harm.

Factors that the Prosecutor Must Prove

The prosecution must prove beyond a reasonable doubt that you intentionally burned or destroyed a building, bridge, lock, dam, or similar structure according to VC 18.2-80. The offense applies when you either performed the act yourself or had any involvement in getting another person to complete it. The act qualifies as arson when it aims to defraud insurance companies or other parties.

The criminal classification of arson depends on whether people were present in the building when it burned and the estimated property value. The criminal offense becomes more serious when someone remains inside the burning building unless other arson statutes apply. 

The charge depends on property value during empty buildings: 

  • A Class 4 felony exists for properties valued at $1,000

  • A Class 1 misdemeanor exists when the value falls below $1,000

Penalties for Arson

The severity of punishments depends on specific conditions. 

When a person is present inside the structure, the offense becomes a Class 3 felony. This category carries a potential prison term of five to twenty years and a maximum fine of $100,000. 

A Class 4 felony charge applies when no one is at the property, and its value exceeds $1,000. This offense can result in a two- to ten-year prison term and a maximum fine of $100,000. 

When property value exceeds $1,000, the crime becomes a Class 1 misdemeanor. The crime is subject to a maximum 12-month jail sentence and a $2,500 fine. Under VC 18.2-77, the offense of burning an occupied dwelling can result in life imprisonment, and other related statutes may impose more severe penalties.

Possible Defenses Against Arson Charges

People charged with arson crimes can use different defense strategies. The defense strategy focuses on proving that the fire occurred inadvertently since no malicious or fraudulent intentions existed. 

When accused of arson, the defense of mistaken identity claims that the defendant was not involved in setting the fire. The criminal charges against arson can be dismissed if the prosecution cannot establish a lack of malice or an intent to defraud. 

Kidnapping, Virginia Code 18.2-47

Many people use the terms “abduction” and “kidnapping” interchangeably to describe acts of unlawful seizure, transportation, and detention of another person. A Virginia kidnapping conviction depends on the prosecution proving all elements to a standard beyond a reasonable doubt.

These elements include:

  • You committed one of the following illegal acts against another person to restrict their freedom of movement:

  • Seizing

  • Taking

  • Transporting

  • Detaining

  • Concealing

  • You seized another person using physical force, deceptive methods, or intimidation. The use of physical force counts as an element of kidnapping, while intimidation involves creating reasonable fear of harm, and deception consists of misleading the victim. Also, a person who threatens to report immigration status or keeps immigration documents from someone can be considered intimidating.

  • You lacked legal justifications or excuses for seizing, taking, transporting, or detaining another person. You must have a lawful purpose for taking liberty from the victim or hiding them from official authorities or guardians.

  • You forced someone to perform work that qualifies as kidnapping, in addition to being a kidnapping offense.

Sentencing and Punishment for Kidnapping

The penalties for kidnapping in Virginia rest upon the particular details of each case.

Under Virginia law, abduction constitutes a Class 5 felony, which can lead to prison sentences of up to 10 years, together with fines reaching $2,500. The abduction of a minor carries Class 2 felony status, which mandates imprisonment of 20 years to life and a maximum fine of $100,000.

The penalties for abducting someone for extortion or immoral purposes match those of a Class 2 felony. Additional mandatory 40-year prison terms will be applied to cases where someone intends to defile or force prostitution or create child pornography unless the original sentence is life imprisonment.

A prisoner who escapes to abduct someone faces Class 3 felony penalties, including five to twenty years of imprisonment as well as a maximum fine of $100,000. Any action or threat of abduction aimed at extortion or immoral purposes will lead to Class 5 felony charges. The Virginia legal system treats within-state parental abductions as a Class 1 misdemeanor until the child leaves state lines, making it become a Class 6 felony.

Fighting Kidnapping Charges

Several defenses are available to defendants who face kidnapping charges in Virginia. To defend against kidnapping charges, you could claim that the victim willingly took part in their movement or confinement. Duress is an applicable defense strategy if you were forced to act by another individual.

However, a law enforcement officer who detains someone during official duties will benefit from this statutory protection. The defense team can challenge the prosecution by questioning the evidence needed to prove beyond doubt that the defendant intended to detain someone or tried to hide them. The best defense strategy depends on each case’s exact details and evidence.

Assault and Battery, Virginia Code 18.2-57

Assault and battery offenses in Virginia fall under Virginia Code 18.2-57. The offense of assault involves threatening to cause physical harm to someone else, whereas battery involves unlawful physical contact with another person.

Assault and Battery Elements

The prosecution must prove beyond doubt all elements to secure a conviction for assault and battery, which include:

  • You must have performed your actions with purposeful intent instead of doing it by mistake.

  • You made credible threats of harm, but battery happens when you unlawfully touch someone else.

  • The victim of assault and battery did not grant permission for the physical encounter to occur.

  • The victim experienced reasonable fear about immediate harm from your actions, although physical contact did not happen.

Possible Punishment

The severity of assault and battery charges in Virginia courts depends on specific elements of each case.

Simple assault and battery are classified as Class 1 misdemeanors. They are punishable by up to 12 months in jail and a fine of up to $2,500. A Class 6 felony charge with mandatory jail time of 6 months to prison time of 5 years applies to assaults against police officers, judges, teachers, and healthcare workers. A hate crime assault becomes more severe when based on racial or religious prejudice or ethnic hatred. It attracts a minimum six-month jail sentence.

Defending Against Your Charges

Your Sterling criminal defense lawyer can use self-defense as a legal defense when they need to protect themselves from harm. The defense of others strategy is also applicable when you face charges after protecting another person from an immediate threat.

You can argue that the touch was accidental and that you had no intent to assault the victim. However, the contact must be accidental for a lack of intent defense to be valid. You can avoid prosecution if the alleged victim gave consent to physical contact. You could also argue that you face false accusations arising from deceptive allegations.

Find a Criminal Defense Attorney Near Me

Virginia has strict criminal laws that ensure public safety and order maintenance. If you are facing a criminal charge like capital murder, rape, robbery, or kidnapping, knowing about your primary criminal offenses helps you know possible outcomes. You require professional legal representation because of the severe potential consequences, including lengthy prison terms, hefty fines, and lasting criminal records.

At the Virginia Criminal Attorney, we develop aggressive defense strategies for each case. Your rights remain our priority as we fight aggressively to achieve the best possible results. Call us at 703-718-5533 to schedule your free consultation in Sterling.