Criminal Defense Lawyer in Fairfax County, Virginia — What Are Your Rights?
Virginia Criminal Law in Fairfax County
Virginia criminal law is codified in Title 18.2 of the Virginia Code. The Commonwealth classifies offenses as misdemeanors or felonies based on severity. A Class 1 misdemeanor, such as simple assault under Va. Code § 18.2-57, is the most serious misdemeanor level. Felonies range from Class 6 (1-5 years) to Class 1 (life imprisonment or death). The Fairfax County Commonwealth’s Attorney prosecutes these cases at the Fairfax County General District Court for misdemeanors and preliminary hearings, and at the Fairfax County Circuit Court for felony trials.
Last verified: March 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
Fairfax County Criminal Court Process
Your case begins with an arrest or summons. The magistrate sets a bond hearing. Misdemeanor trials happen in General District Court. Felony preliminary hearings are also in GDC. You have an absolute right to a jury trial for any jail-eligible offense, which moves the case to Circuit Court.
- Arrest/Summons: You receive a warrant or summons specifying charges and court date.
- Bond Hearing: A magistrate determines release conditions, often personal recognizance for first misdemeanors.
- Arraignment: You appear at GDC, enter a plea, and receive a trial date.
- Pre-trial Motions: Your attorney files motions to suppress evidence or dismiss charges.
- Trial or Disposition: Case proceeds to bench trial in GDC or, if you demand a jury, to Circuit Court.
- Sentencing or Appeal: If convicted, sentencing follows; you can appeal GDC convictions to Circuit Court for a new trial.
Penalties for Criminal Offenses in Fairfax County
In Fairfax County, criminal penalties range from fines to years in prison. A Class 1 misdemeanor carries up to 12 months jail; a Class 5 felony carries 1-10 years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Assault & Battery (Va. Code § 18.2-57) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None typically | Protective order, permanent record |
| Petit Larceny (<$1,000) (Va. Code § 18.2-96) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Restitution, theft record |
| Grand Larceny ($1,000+) (Va. Code § 18.2-95) | Felony (Class 6 or 5) | 1-20 years | Discretionary | None | Felony record, restitution |
| Driving on Suspended (Va. Code § 46.2-301) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Additional suspension | DMV points, mandatory minimum fine |
Results may vary. Prior outcomes do not aim for future results.
Why Choose Law Offices Of SRIS, P.C. for Fairfax County Criminal Defense?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your defense. Our team includes a former Virginia State Trooper (Bryan Block) and a former Maryland Assistant State’s Attorney (Kristen Fisher), providing insider perspective on prosecution strategies. We focus on the Fairfax County courts, knowing the local judges, prosecutors, and procedures that affect your case.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Frequently Asked Questions
What is the penalty for a misdemeanor in Fairfax County, Virginia?
A Class 1 misdemeanor in Fairfax County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Fairfax County General District Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030).
Can criminal charges be expunged in Fairfax County, Virginia?
Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Fairfax County Circuit Court. First-offense marijuana possession may qualify through deferred disposition.
How does bail work in Fairfax County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Fairfax County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Fairfax County General District Court.
Do I need a criminal defense lawyer in Fairfax County, Virginia?
Criminal charges in Fairfax County are prosecuted by the Commonwealth’s Attorney. Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. Contact Law Offices Of SRIS, P.C. 24/7 at (888) 437-7747 for a consultation by appointment.
What is the difference between GDC and Circuit Court in Fairfax County?
Fairfax County General District Court handles misdemeanor trials and felony preliminary hearings. Fairfax County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time.
Case Results in Fairfax County
Law Offices Of SRIS, P.C. has 501 documented criminal defense results in Fairfax County: 336 cases dismissed or found not guilty, 143 charges reduced or amended, and 5 other favorable outcomes — a 97% favorable outcome rate for our Fairfax County clients.
Results may vary. Prior outcomes do not aim for future results.
Criminal Defense Lawyer Near Fairfax County Courts
Our Fairfax location serves clients at the Fairfax County General District Court (4110 Chain Bridge Road). We represent individuals throughout Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
Fairfax Location — 4008 Williamsburg Court, Fairfax, VA 22032
Phone: (703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.
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Last verified: March 2026. Information current as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.