If you commit a criminal offense in York, Virginia, you may face criminal charges that negatively affect your family. After your arrest, you should hire a trustworthy attorney to ensure you achieve a positive outcome in your case.
Our legal team at Virginia Criminal Attorney will listen to your side of the story and offer advice on how to proceed with your case. We will also walk with you throughout the entire legal process, preparing you on what to expect, and if your case goes to trial, we will represent you in court.
Criminal offenses that could leave you facing criminal charges include the following:
1. Violent Crimes In York County
In Virginia, violent crimes involve mistreatment over time or a sudden occurrence. Facing criminal charges could result in long-lasting repercussions. It would help if you hired a criminal defense attorney to help you fight these charges.
Violent crimes in Virginia include:
1) Domestic Violence VA Law 18.2-57.2
In York, VA, domestic violence involves hitting a member of your household or family. Under this law, a family or household member can be:
- Step parents
- Your children
- Siblings and half-siblings
The victim does not necessarily have to reside with you to face domestic violence charges. Additionally, you can face these charges if you cohabited with the alleged victim within the last twelve months.
Under the law, you will face class 1 misdemeanor charges when you assault a family member. However, if the court convicts you for domestic violence where:
- You attacked a family member.
- You have two prior convictions on assault charges.
- You maliciously wounded a family member.
- You caused a severe injury to a family member.
- If you have a criminal record of domestic violence conviction within the last 20 years, and these convictions took place separately, the court in York county will find you guilty of a class 6 felony.
Penalties for Domestic Violence Charges in York, Virginia
a. Class 1 Misdemeanor Penalties
If the court convicts you for a class 1 misdemeanor offense, the penalties shall include the following:
- One-year imprisonment.
- Have a protective order against you.
b. Class 6 Felony Penalties
If you commit a class 6 felony offense, the court will convict you to:
- One up to five years imprisonment.
- Penalty enhancements.
2) Assault or Battery Charges Under Virginia Code 18.2- 57
Under Virginia code 18.2-57, assault is intentionally causing someone harm or having someone believe that you would cause them imminent harm.
On the other hand, battery is the act of offensively touching another person with malicious intent. The prosecution must prove that you willfully or angrily touched the victim for these charges. Any touching that you do to insult or while being rude amounts to assault and battery. Additionally, you will face battery charges if you recklessly feel another person. It will not matter if the touch was accidental or not.
Penalties for Assault and Battery charges
Both assault and battery are serious crimes in York county. A conviction could lead to the court imposing hefty fines, imprisonment, or both.
3) Murder Charges Virginia Code § 18.2-32
The crime of murder in York county falls under homicide laws. Homicide laws include:
- First-degree murder charges.
- Second-degree murder.
- Capital murder.
- Voluntary and involuntary manslaughter.
a. Capital Murder
Capital murder is one of the most heinous crimes you can commit in York county. Under Va code 18.2-31, you will commit capital murder when you deliberately plan to:
- Kill a person during a kidnapping.
- Hire a third party to kill another person, and they succeed in killing the said person.
- Kill a prisoner.
- Kill someone during a robbery.
- Kill someone during or after sodomy, forcible rape, or use an object to penetrate another person sexually.
- Kill a law enforcement agent to stop them from performing their official duties.
- Kill several people at once.
- Kill someone in drug-related criminal activity.
- Kill a pregnant woman to kill her unborn child.
- If you are over 21 and you kill a person under 14.
A capital murder conviction will result in life imprisonment or death. Sometimes the court could order you to pay $1000,000 in fines. For this conviction, you will have to be an adult of a sound mind.
b. First-Degree Murder VA Code Section 18.32-32
You will face first-degree murder charges in York when you kill another person by poisoning them, lying in wait, starving, or imprisoning them. Additionally, if you kill another person while committing other crimes like rape, kidnapping, and robbery, you may end up facing first-degree murder charges.
The difference between capital and first-degree murder charges is that capital murder requires deliberation, wilful intent, and premeditation, which first-degree murder lacks.
Committing first-degree murder is a class 2 felony offense in York. A conviction could result in imprisonment ranging from 20 years to a life sentence, with the court imposing $100,000 in fines.
c. Second-degree murder charges - Va Code Section 18.2-32
You will face second-degree murder charges when you kill someone else, and the act does not meet first-degree or capital murder requirements.
2. Sex Crimes in York, Virginia
Virginia defines sex crimes as sexual acts against a person without their consent or against their will. Under the law, a person may be unable to consent to sexual acts due to mental disability, age, alcohol, drug impairment, or physical disability.
Facing sex crime charges in York county is a serious offense with harsh penalties. Virginia prosecutes sex crimes whether you completed the act or not. Some sex crimes, like indecent exposure, do not require physical contact with the victim. Still, a conviction will negatively affect your life.
When facing sexual crimes, you must contact a criminal defense attorney to work on your defense. Sexual crimes will damage your reputation and, in some instances, affect your career.
Virginia law includes several acts as sex crimes, and these are:
Under Virginia law, York county defines rape as the criminal act of engaging in sexual intercourse with the victim under the following circumstances:
- Against the victim's will by use of threats, force, or intimidation.
- If the defendant is mentally incapacitated or physically disabled.
- If the victim is a minor below 13 years.
2) Forcible Sodomy
Under Virginia law, forcible sodomy is having anal or oral sexual intercourse against the victim's will.
3) Sexual Battery
You will face sexual battery when you sexually abuse another person through threats, intimidation, or force. You may face aggravated sexual battery when you sexually use:
- A minor aged below 13 years.
- A mentally incapacitated person.
- When you are a parent, grandparent, or step patent, the victim is between 13 and 18.
4) Forcible Fondling
Forcible touching or fondling is sexually touching the victim against their will for sexual gratification or arousal.
Sex Crimes Penalties
A conviction for sex crimes in York will depend on the type of sex crime committed. Your sentencing will range from fines to imprisonment. Forcible rape, sodomy, and other serious offenses will carry hefty fines and harsh sentencing than other non-forcible sexual offenses.
Under the law, Virginia treats all violent sexual crimes as a felony. For example, forcible rape and sodomy are class 4 felonies, while the aggravated sexual battery is a class 6 felony. The higher the class means that your sentencing will be very harsh. Penalties for forcible rape and other violent sex crimes will be imprisonment ranging from one year to 20 years, with the court imposing $100,000 in fines. For misdemeanor charges, the sentencing will be one-year imprisonment, or the court could impose $2,500 in fines.
In some instances, certain sexual crimes carry penalty enhancements, especially if the victim is a minor under the law. A sentence enhancement will add additional time to your sentencing. Some penalty enhancement will ensure you receive a mandatory minimum sentence of 25 years as your punishment and can go up to life imprisonment.
Another sentence enhancement ensures that in addition to your imprisonment, you will pay hefty fines, face social stigma, and register as a sex offender. Registering as a sex offender will prevent you from pursuing some career and educational options in Virginia.
Registering as a Sex Offender
In York county, most sex offense convictions require you to register with the sex offender registry. The sex offender registry's information is usually in the public domain, making it easy for members of the public to access it. These records will show your name, address, and picture.
The law requires you to register as a sex offender in York county when you commit some of the following offenses:
- Violent sex crimes.
- Sex trafficking.
- Sexual battery.
3. Driving Offenses
You can face charges for misdemeanor or felony driving offenses in York, VA. These traffic offenses include:
1) Misdemeanors Traffic Offenses
Misdemeanor traffic offenses are usually criminal, and a conviction will result in jail time, license suspension, as well as payment of hefty fines. Some of the most common traffic misdemeanors in York county include:
- Driving without a license
- Reckless driving
2) Felony Traffic Offenses
In Virginia, traffic felony offenses are the most severe under the law. Traffic felony offenses are criminal, and a conviction will lead to imprisonment in state prisons rather than county jails. Apart from the harsh sentencing, the court imposes on felony offenses, you can not have your records expunged after serving your sentence.
In Virginia, the law covers theft under the larceny law, which covers several illegal acts like embezzlement and receiving or accepting stolen property, among other similar crimes.
Under the law, theft is taking another person's property against their will or without their consent. The law classifies theft into petty and grand larceny offenses.
You will face petty or grand theft charges depending on the following:
- On the value of the property, you have taken.
- On the property type, you have denied the owner their right to enjoy them.
1) Petty Theft
You will face petty theft charges when:
- You steal another person's money or property valued at $5 directly from them.
- You steal another person's property worth $1000 or less.
Penalties For Petty Theft Charges In York, Virginia
Petty theft is a class 1 misdemeanor offense, and a conviction will earn you up to one-year imprisonment in county jail, and the court could impose fines not exceeding $2,500
2) Grand Theft
You will face grand theft charges when:
- You steal property worth more than $1,000.
- When you take property worth more than $5 directly from its owner.
- When you steal a firearm of any value.
Grand theft is a felony offense, and a conviction will lead to 20 years imprisonment. Sometimes the court could try your grand theft as a misdemeanor offense under the following conditions:
- If you have no criminal history.
- You stole property worth $1,000 or slightly more.
If the prosecution charges your grand theft as a misdemeanor offense, the court could sentence you to:
- One year of county jail imprisonment.
- Impose $2,500 in fines.
3) Shoplifting Offense in York County
Shoplifting is an offense that will earn you both civil and criminal penalties. You will face shoplifting charges when you intentionally take a merchant's property without their consent or deprive them of their right to enjoy their property. You can achieve this when you change the commodity's price or possess the item.
Criminal Penalties for shoplifting
When it comes to criminal penalties for shoplifting, the value of the stolen commodity plays a crucial part. If you face shoplifting charges for goods worth $1,000 or less, you will face petty theft charges. Petty theft or larceny conviction will result in a one-year imprisonment in county jail, or the court could order you to pay $2,500 in fines.
Face shoplifting charges for goods worth $1,0000 or more. You will face grand theft or larceny charges with a conviction resulting in imprisonment ranging from one and can go up to 20 years. Also, the court could sentence you to both $2,500 in fines and one-year imprisonment.
Civil Penalties For Shoplifting Offense In York
Sometimes, you may face civil penalties and criminal charges and be civilly liable to the merchandise owner. Under civil penalties, the law expects you to pay the merchandise owner twice the value of the stolen product, or $50, whichever is higher. However, if the merchandise owner recovers their property in good and sellable condition, civil penalties should be at most $350.
5. White-Collar Crimes
Although Virginia does not consider violent white-collar crimes, a conviction will result in harsh penalties. White-collar crimes fall under federal and state offenses, and the court charges them as felonies. In most cases, white-collar offenses revolve around financial matters or criminal activities of fraudulent nature.
Under the commonwealth state of Virginia, several crimes fall under white-collar crimes. Although most white-collar crimes are felonies, there are some that the prosecution charges as misdemeanors. Examples of white-collar crimes include:
You will face embezzlement charges in York county when you fraudulently take money or someone else's property for financial gain. This situation arises when the owner has entrusted you with the property or money as part of your job. Under the law, you will face misdemeanor charges if the value of the money or property you embezzle is worth $200 or less.
For property worth more than $200, you will face felony charges with a conviction resulting in the following:
- 20 years imprisonment
- $2,500 in fines
- Victim restitution
2) Money Laundering
You will face money laundering charges when you illegally obtain property or money for lawful purposes—for example, using money from drug dealing activities. A conviction for money laundering charges will result in imprisonment of up to 40 years, or the court could impose $500,000 in fines.
Forgery is a felony offense, including altering a document or creating false documents. A conviction for forgery charges in York could lead to imprisonment ranging from one year and can go up to ten years and fines not exceeding $100,000.
You will face bribery charges when you solicit, demand, or offer someone something of value to them to influence their decision. Also, when receiving a bribe to change, modify, or give false testimony. A bribery conviction in York, Virginia, will lead to 10-year imprisonment and $100,000 in fines.
5) Insurance Fraud
Under code section 52-36, you will face insurance fraud charges when you attempt to commission or obtain money fraudulently. You will be guilty of this crime when you obtain property or money falsely intending to defraud another person. Penalties for insurance fraud in York, Va. Insurance fraud conviction will depend on the offense you are facing charges for and the value of the fraud.
For example, if you are facing insurance fraud charges for an amount that is over $500, the prosecution could charge you with grand theft charges. A conviction for grand theft will result in fines amounting to $2 500, up to 20 years imprisonment, or both.
Contact a Trustworthy Criminal Attorney Near Me
If you are facing a criminal charge in York, Virginia, you will need the services of an experienced and trustworthy criminal defense attorney to help you fight these charges. It does not matter whether you believe you are guilty or not. Consulting with an attorney raises your chances of having the best defense.
At Virginia Criminal Attorney, our legal team will prepare your tailored defense strategy to fit your case's circumstances. To learn how we can help, call our offices at 703-718-5533 and schedule your first consultation today.