Criminal Defense Lawyer in Fairfax County, Virginia — What Are Your Rights?
Virginia Criminal Law Definition
Virginia criminal law is codified in Title 18.2 of the Virginia Code, defining offenses from misdemeanors to felonies. A Class 1 misdemeanor carries up to 12 months in jail and a $2,500 fine (Va. Code § 18.2-11). Felonies range from Class 6 (1-5 years) to Class 2 (20 years to life). The Commonwealth’s Attorney for Fairfax County prosecutes these cases at Fairfax County General District Court for misdemeanors and preliminary hearings, with felony trials occurring in Fairfax County Circuit Court.
Last verified: March 2026 | Fairfax County General District Court | Virginia General Assembly
Official Virginia Criminal Law Resources
For the complete text of Virginia criminal statutes, visit the Virginia Code Title 18.2 (Crimes and Offenses) on the official Virginia General Assembly website. The Fairfax County General District Court website provides court forms, filing fees, and procedural rules for criminal cases in Fairfax County.
Fairfax County Criminal Court Process
Fairfax County General District Court handles all misdemeanor trials and felony preliminary hearings. Fairfax County Circuit Court handles felony jury trials and all GDC appeals. The Commonwealth’s Attorney for Fairfax County prosecutes; first offender programs are available under Va. Code § 19.2-303.2 — successful completion results in dismissal.
- Initial appearance and bond hearing: Appear before a magistrate within 24 hours of arrest for bond determination. Personal recognizance is common for first-offense misdemeanors.
- Arraignment at Fairfax County General District Court: Enter a plea of not guilty, guilty, or no contest. Request a trial date if pleading not guilty.
- Discovery and pre-trial motions: Review evidence from the Commonwealth’s Attorney. File motions to suppress evidence or dismiss charges if procedural errors exist.
- Trial or plea negotiation: Proceed to bench trial in GDC for misdemeanors. For felonies, the preliminary hearing determines if evidence supports Circuit Court transfer.
- Sentencing or appeal: If convicted, sentencing follows Virginia guidelines. Appeal to Fairfax County Circuit Court within 10 days for a new trial.
Fairfax County Criminal Penalties
In Fairfax County, criminal offenses carry penalties ranging from fines to incarceration: Class 1 misdemeanor up to 12 months jail/$2,500; Class 6 felony 1-5 years; Class 5 felony 1-10 years (or up to 12 months plus $2,500 at jury discretion).
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Assault and battery (§ 18.2-57) | Class 1 misdemeanor | Up to 12 months | Up to $2,500 | None | Protective order possible |
| Petit larceny under $1,000 (§ 18.2-96) | Class 1 misdemeanor | Up to 12 months | Up to $2,500 | None | Restitution required |
| Grand larceny $1,000+ (§ 18.2-95) | Felony (Class 6 or 5) | 1-10 years | Up to $2,500 | None | Felony record |
| Driving on suspended (§ 46.2-301) | Class 1 misdemeanor | Up to 12 months | Up to $2,500 | Additional suspension | Mandatory minimum 10 days for 3rd offense |
| First-offense marijuana possession (§ 18.2-250.1) | Class 1 misdemeanor | Up to 30 days | Up to $500 | Driver’s license suspension 6 months | First offender program available |
Results may vary. Case outcomes depend on specific facts, evidence, and court discretion.
Virginia Criminal Defense Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm has over 120 years of combined attorney experience and 4,739+ documented case results firm-wide. In Fairfax County, we have achieved 501 documented criminal defense results: 336 dismissed/not guilty, 143 reduced/amended, with a 97% favorable outcome rate. Our team includes former Virginia State Trooper Bryan Block, who provides unique insight into police procedures and investigation standards.
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
Fairfax County Criminal Defense Results
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. This represents a 97% favorable outcome rate for our Fairfax County clients. These results include assault, theft, drug possession, DUI, and domestic violence cases heard at Fairfax County General District Court and Fairfax County Circuit Court.
Results may vary. Prior results do not aim for a similar outcome.
Criminal Defense Lawyer Near Fairfax County
Our Fairfax location is minutes from Fairfax County General District Court at 4110 Chain Bridge Road. We serve clients throughout Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. Contact us 24/7 at (888) 437-7747 for phone consultations — meetings by appointment only at our Fairfax location.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Phone: (888) 437-7747 | Local: (703) 636-5417
By appointment only
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). 501 documented results: 336 dismissed/not guilty, 143 reduced/amended, 5 other favorable (97% favorable outcome rate).
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. 501 documented results: 336 dismissed/not guilty, 143 reduced/amended, 5 other favorable (97% favorable outcome rate).
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. Bond amount set by magistrate at arrest — personal recognizance for many first-offense misdemeanors; secured bond typical for felonies (bail bondsman charges approximately 10%); public defender eligibility based on income; court-appointed attorney fee: $120 (misdemeanor) to $445+ (felony).
Do I need a criminal defense lawyer in Fairfax County, Virginia?
Criminal charges in Fairfax County are prosecuted by the Commonwealth’s Attorney and heard at Fairfax County General District Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030). Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. 501 documented results: 336 dismissed/not guilty, 143 reduced/amended, 5 other favorable (97% favorable outcome rate) Contact SRIS 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. Fairfax County General District Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) is the GDC location.
Virginia Criminal Defense Resources
For more information about criminal defense in Virginia, visit our Virginia criminal defense lawyer hub page. If you need defense in nearby jurisdictions, consider our Fairfax City criminal defense lawyer or Falls Church criminal defense lawyer services. For related legal needs in Fairfax County, see our Fairfax County DUI/DWI lawyer or Fairfax County family law lawyer pages. Learn more about Kristen Fisher, former Maryland prosecutor who also handles Virginia cases.
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.