Virginia Criminal Law is primarily located in Title 18.2 of the Virginia Code of 1950, as amended. For most people charged with a crime, this is the area their crime is defined.
There are essentially 2 types of crimes, Felonies and Misdemeanors. Felonies generally fall into the catagories of Violent crimes like Murder, Manslaughter, and Malicious Wounding. Violent crimes can be punished by up to Life in prison and even the Death Penalty. We have represented many clients charged with these types of offenses and have extensive experience with taking these cases to trial or negotiating favorable resolutions for out clients.
DRUG DISTRIBUTION AND CONSPIRACIES
Other types of felonies are Drug Crimes which generally involve Drug Distribution Crimes or Conspiracy to Distribute Drugs. The most common drugs in the Western District of Virginia, which includes Rockingham County, Harrisonburg City, Winchester, Front Royal, Woodstock, Staunton, Waynesboro and surrounding towns, are Cocaine, Methamphetamine, Heroin, Amphetamine, Adderal, PCP and Synthetic Drugs. 18.2-248 of the Virginia Code sets forth the punishment, which is a minimum of 5 years in prison up to 40 years in prison.
Drug Possession, even for a 1st Offense, is a felony in Virginia if the drug is a Schedule 1 or 2. The drugs listed above, (Cocaine etc.) qualify as Schedule 1 or 2 drugs. 18.2-250 of the Virginia Code sets forth the punishment for Drug Possession. A person charged with a felony Drug Possession can be sentenced to prison for up to 10 years. As part of our representation, we are often able to reach very favorable resolutions for our clients, either through trial or reaching a plea agreement. For people that have never been charged with a drug offense, we can often work out an agreement to have the charged dismissed through what is called the 1st Offender Code Section.
If you or a friend is charged with a drug offense, give us a call for a free initial consult.
BURGLARY AND LARCENY CRIMES
Burglary, also called Breaking and Entering, is generally punished by up to 20 years in prison. Burglary can be breaking into someones home or a business. Burglary can also be of any other building like a garage.
Larceny is also punished by up to 20 years if the value of the item stolen is $200.00 or more.
We routinely represent persons charged with Burglary or Larceny crimes and have tried many of these types of crimes. Also, negotiating reasonable plea agreements is routinely accomplished.
Underage Possession of Alcohol is one of the most common criminal offenses we see in our law practice. Virginia Code Section 4.1-304 and 4.1-305 provide that Underage Possession of Alcohol is punished as a Class 1 Misdemeanor and a person be punished by up to 12 months in jail.
1st OFFENDER PROGRAM
Like 1st offense Drug Possession or Underage Possession of Alcohol, Virginia does have a 1st offender program that allows a person to complete a period of probation and have the charge dismissed. We handle many of these cases and have been able to reach favorable resolutions for our clients.
Call us for a free initial consult.