Criminal Defense Lawyer in Fairfax County, Virginia — What Are Your Rights?
Virginia Criminal Law Defined
Virginia criminal law is codified in Title 18.2 of the Virginia Code. It defines offenses from misdemeanors like simple assault (Va. Code § 18.2-57) to felonies like grand larceny (theft of $1,000 or more). The Commonwealth’s Attorney for Fairfax County 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
For the full text of Virginia criminal statutes, refer to the Va. Code Title 18.2 (Crimes and Offenses) on the official Virginia General Assembly website. For court procedures and forms, visit the Fairfax County General District Court website.
Fairfax County Court Process
Your case will begin at the Fairfax County General District Court located at 4110 Chain Bridge Road. This court handles all misdemeanor trials and felony preliminary hearings. If your case proceeds as a felony, it will be transferred to the Fairfax County Circuit Court for a jury trial.
- Arraignment: You will be formally advised of the charges and enter a plea of guilty, not guilty, or no contest.
- Pre-trial Motions: Your attorney may file motions to suppress evidence or dismiss charges based on procedural errors.
- Negotiation: Your attorney will negotiate with the Commonwealth’s Attorney for a potential plea agreement or diversion program.
- Trial: If no agreement is reached, your case proceeds to a bench trial in General District Court or a jury trial in Circuit Court.
- Sentencing: If convicted, the judge will impose a sentence based on Virginia sentencing guidelines.
- Appeal/Expungement: You may appeal a conviction or, for dismissed charges, petition for expungement under Va. Code § 19.2-392.2.
Penalties for Criminal Charges in Fairfax County
In Fairfax County, criminal charges carry significant penalties: a Class 1 misdemeanor can result in up to 12 months in jail and a $2,500 fine, while a Class 5 felony carries 1 to 10 years in prison.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Assault & Battery (§ 18.2-57) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Protective order, permanent record |
| Petit Larceny (under $1,000) (§ 18.2-96) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Restitution, civil demand letter |
| Grand Larceny ($1,000+) (§ 18.2-95) | Felony (Class 5 or 6) | 1-10 years (Class 5) or 1-5 years (Class 6) | Up to $2,500 | None | Felony record, difficulty finding employment/housing |
| Driving on Suspended License (§ 46.2-301) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Additional suspension | Vehicle impoundment possible |
Results may vary. The penalties listed are maximums; actual outcomes depend on the specific facts of your case, your criminal history, and the effectiveness of your legal representation.
Why Choose Law Offices Of SRIS, P.C.?
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 firm-wide track record includes 4,739+ case results with a 93%+ favorable outcome rate. We provide full representation with a case-specific approach, drawing on direct insight into how Fairfax County prosecutors build cases.
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
Documented 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 this locality.
Results may vary. Prior results do not aim for a similar outcome in your case.
Serving Fairfax County and Surrounding Communities
Our Fairfax location serves clients at the Fairfax County courts. As a criminal defense lawyer near Fairfax County, we represent individuals in 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.
4008 Williamsburg Court
Fairfax, VA 22032
Phone: (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.
Can criminal charges be expunged in Fairfax County, Virginia?
Yes, 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?
Yes. 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.
Related Legal Resources
For more information, visit our Virginia criminal defense lawyer hub page. We also serve neighboring areas including Fairfax City, Falls Church, and Prince William County. If you need assistance with a related matter, consider our Fairfax County DUI lawyer or Fairfax County family law attorney. Learn more about attorney Kristen Fisher.
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 guidance.