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 assault and battery (§ 18.2-57) to felonies like grand larceny (theft of $1,000 or more). The law establishes penalties, court procedures, and defendant rights.
Last verified: March 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia criminal statutes, visit the Virginia General Assembly website (Va. Code Title 18.2). For court information, see the Fairfax County General District Court website.
Fairfax County Court Process
Fairfax County General District Court handles misdemeanor trials and felony preliminary hearings. The Commonwealth’s Attorney for Fairfax County prosecutes cases. First offender programs under Va. Code § 19.2-303.2 can lead to dismissal.
- Arraignment: You appear in court, are formally advised of charges, and enter a plea.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence or dismiss charges.
- Negotiation: Your attorney negotiates with the prosecutor for a reduced charge or favorable plea.
- Trial or Disposition: Your case proceeds to a bench trial in GDC or a jury trial in Circuit Court, or is resolved by plea.
- Sentencing: If convicted, the judge imposes sentence based on Virginia sentencing guidelines.
- Appeal/Expungement: You may appeal to Circuit Court or petition for expungement if eligible.
Criminal Penalties 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 | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None typically | Criminal record, possible protective order |
| Petit Larceny (under $1,000) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Criminal record, restitution |
| Grand Larceny ($1,000+) | Felony (Class 5 or 6) | 1-10 years (Class 5) or 1-5 years (Class 6) | Up to $2,500 | None | Felony record, restitution |
| Driving on Suspended License | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Additional suspension | Mandatory minimum jail for certain suspensions |
Results may vary. Prior results do not aim for a similar outcome.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm’s attorneys have over 120 years of combined legal experience. We have achieved 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. Global advocacy. Local precision.
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
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.
Local Criminal Defense Service
Our Fairfax location serves clients at the Fairfax County courts. We are a criminal defense lawyer near Fairfax County and the surrounding communities of 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
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?
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 Services
For more information, see our Virginia criminal defense lawyer hub page. We also serve neighboring areas including Fairfax City and Falls Church. In Fairfax County, we handle related matters like DUI defense and reckless driving. Learn more about attorney Kristen Fisher.
Last verified: March 2026. Information current as of March 2026. Laws change—contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.