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. It defines offenses from misdemeanors like assault and battery (§ 18.2-57) to felonies like grand larceny (theft of $1,000 or more). The classification determines the potential penalties and court procedures.
Last verified: March 2026 | Fairfax County General District Court | Virginia General Assembly website
Official Legal Resources
- Va. Code Title 18.2 (Crimes and Offenses) — Official Virginia statute.
- Fairfax County General District Court website — Official court information.
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 appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time.
- Arrest & Initial Appearance: You will be taken before a magistrate who sets bond. Many first-offense misdemeanors qualify for personal recognizance release.
- Arraignment: At Fairfax County General District Court (4110 Chain Bridge Road), you enter a plea of guilty, not guilty, or no contest.
- Pre-Trial & Discovery: Your attorney reviews evidence, files motions, and negotiates with the Commonwealth’s Attorney.
- Trial or Disposition: Misdemeanor trials occur in GDC. For felonies, a preliminary hearing in GDC determines if there’s probable cause to send the case to Circuit Court for a jury trial.
- Sentencing or Appeal: If convicted, sentencing follows. You can appeal a GDC conviction to Fairfax County Circuit Court for a new trial.
Penalties for Criminal Offenses in Fairfax County
In Fairfax County, criminal charges carry penalties ranging from fines to years in prison, depending on the classification under Virginia law.
| 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 possible |
| Petit Larceny (under $1,000) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Criminal record |
| 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 |
| Driving on Suspended License (§ 46.2-301) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Further suspension | Mandatory minimum jail for subsequent offenses |
Results may vary. The penalties listed are maximums; actual outcomes depend on the specific facts of your case, your criminal history, and the court’s discretion.
Bond is set by a magistrate after arrest. For felonies, a secured bond (requiring a bail bondsman who typically charges 10%) is common. Court-appointed attorney fees range from $120 for misdemeanors to $445 or more for felonies, based on income eligibility.
Why Choose Law Offices Of SRIS, P.C. for Your Fairfax County Defense?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our team includes a former Virginia State Trooper and a former Maryland Assistant State’s Attorney, providing insider perspective on how cases are built and challenged. We focus on the details of Fairfax County procedures to seek the best possible outcome.
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, representing a 97% favorable outcome rate for our clients in this jurisdiction.
Results may vary. Prior results do not aim for a similar outcome in your case.
Serving Fairfax County and Northern Virginia
Our Fairfax location represents clients at the Fairfax County courts. We serve the Fairfax County area and surrounding communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. We are a criminal defense lawyer near Fairfax County for your convenience.
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.
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 carries up to 6 months and a $1,000 fine. Common charges include assault and battery and petit larceny. Cases are 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 a deferred disposition program.
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 (a bail bondsman charges about 10%) is typical for felonies. Bond decisions 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 jail time and create a permanent record. Having an attorney who knows Fairfax County General District Court procedures is critical to protecting your rights and future.
What is the difference between GDC and Circuit Court in Fairfax County?
Fairfax County General District Court (GDC) handles misdemeanor trials and felony preliminary hearings. Fairfax County Circuit Court handles felony jury trials and appeals from GDC. You have a right to a jury trial in Circuit Court for any offense with potential jail time.
Related Legal Services
- Virginia Criminal Defense Lawyer — Statewide hub.
- Fairfax City Criminal Defense Lawyer — Nearby locality.
- Fairfax County DUI/DWI Lawyer — Related practice area.
- Attorney Kristen Fisher Profile — Former prosecutor.
Last verified: March 2026. Information is current as of the verification date. Laws and procedures change; contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.