Criminal Defense Lawyer in Fairfax County, Virginia — What Are Your Rights?
In Fairfax County, a Class 1 misdemeanor under Va. Code Title 18.2 carries up to 12 months in jail and a $2,500 fine; Law Offices Of SRIS, P.C. has 501 documented results in Fairfax County: 336 dismissed/not guilty, 143 reduced/amended. Spring break arrests for public intoxication, underage drinking, and possession often increase in March — contact us immediately if you face charges.
Virginia criminal law is codified in Title 18.2 of the Virginia Code. The Commonwealth classifies offenses as misdemeanors (punishable by up to 12 months in jail) or felonies (punishable by one year or more in prison). Your case will be prosecuted by the Fairfax County Commonwealth’s Attorney and heard at the Fairfax County General District Court for misdemeanors or preliminary hearings, with felony trials occurring in Fairfax County Circuit Court.
Last verified: March 2026 | Fairfax County General District Court | Virginia General Assembly
Official resources: Va. Code Title 18.2 (Crimes and Offenses) and the Fairfax County General District Court website.
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. Defendants have an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time.
- After arrest, a magistrate sets bond. Personal recognizance is common for first-offense misdemeanors.
- Your first court date is arraignment at Fairfax County General District Court (4110 Chain Bridge Road).
- For misdemeanors, a bench trial occurs in GDC. For felonies, a preliminary hearing determines probable cause.
- If bound over, felony cases transfer to Fairfax County Circuit Court for indictment and jury trial.
- Sentencing follows conviction, with judges considering Virginia sentencing guidelines.
- Post-trial motions or appeals must be filed within strict deadlines.
In Fairfax County, criminal charges carry penalties from 6 months to 10+ years incarceration, fines up to $2,500 for misdemeanors, and permanent criminal records.
| 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, no contact |
| Petit Larceny (<$1,000) (§ 18.2-96) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Restitution, theft record |
| Grand Larceny ($1,000+) (§ 18.2-95) | Felony (Class 6) | 1-5 years | Up to $2,500 | None | Felony record, restitution |
| Drug Possession (first offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Driver’s license suspension possible | Substance abuse assessment |
| DUI (first offense) | Class 1 Misdemeanor | Up to 12 months | Mandatory $250 min | 12-month suspension | Ignition interlock, VASAP |
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience and has 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
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 (Va. Code Title 18.2). A Class 2 misdemeanor: up to 6 months/$1,000. Cases are heard at Fairfax County General District Court.
Can criminal charges be expunged in Fairfax County, Virginia?
Yes, 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. 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 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.
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.
Law Offices Of SRIS, P.C. has 501 documented criminal defense results in Fairfax County: 336 dismissed/not guilty, 143 reduced/amended, 5 other favorable — a 97% favorable outcome rate for this locality.
Results may vary. Prior results do not aim for a similar outcome.
Our Fairfax location serves clients at Fairfax County courts (4110 Chain Bridge Road). Criminal defense lawyer near Fairfax County and the surrounding communities of Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and 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
(703) 636-5417
By appointment only.
For more information, see our Virginia criminal defense lawyer hub page. We also serve clients in Fairfax City and Falls Church. Related practice areas in Fairfax County include DUI defense and family law. Learn more about attorney Kristen Fisher.
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.