Criminal Defense Lawyer in Fairfax County, Virginia — What Are Your Rights?
Virginia Criminal Law Definition
Virginia criminal law, codified in Title 18.2 of the Virginia Code, defines offenses from misdemeanors to felonies. A Class 1 misdemeanor is the most serious misdemeanor level, punishable by up to 12 months in jail and a fine up to $2,500 (Va. Code § 18.2-11). A Class 5 felony carries 1 to 10 years imprisonment, or at the jury’s discretion, up to 12 months and a $2,500 fine. The law covers crimes against persons, property, and public order.
Last verified: March 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia criminal statutes, see Va. Code Title 18.2 (Crimes and Offenses) on the official Virginia General Assembly website. For Fairfax County court information, visit the Fairfax County General District Court website.
Fairfax County Court Process
Fairfax County General District Court handles all misdemeanor trials and felony preliminary hearings. The Commonwealth’s Attorney for Fairfax County prosecutes cases. You have an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time.
- Initial appearance and bond hearing: Appear before a magistrate within 24 hours of arrest for bond determination.
- Arraignment and plea entry: Formally hear charges and enter a plea of guilty, not guilty, or no contest.
- Discovery and motion filing: Review prosecution evidence and file pre-trial motions to suppress or dismiss.
- Pre-trial conference: Negotiate with the Commonwealth’s Attorney for potential plea agreement.
- Trial or plea resolution: Proceed to bench trial in GDC or jury trial in Circuit Court, or accept plea.
- Sentencing or appeal: Receive sentence if convicted, or file appeal to Circuit Court within 10 days.
Criminal Penalties in Fairfax County
In Fairfax County, criminal offenses carry penalties ranging from fines to years in prison, with jail time up to 12 months for a Class 1 misdemeanor and 1-10 years for a Class 5 felony.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Assault & Battery (Va. Code § 18.2-57) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Protective order possible |
| Petit Larceny under $1,000 (Va. Code § 18.2-96) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Criminal record |
| Grand Larceny $1,000+ (Va. Code § 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 |
| Drug Possession (Schedule I/II) (Va. Code § 18.2-250) | Class 5 Felony | 1-10 years | Up to $2,500 | Possible suspension | Mandatory minimum for certain amounts |
Results may vary. The penalties listed are maximums; actual outcomes depend on case facts, criminal history, and court discretion.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC. Our tagline reflects our approach: Global advocacy. Local precision.
Kristen Fisher, Senior Attorney at Law Offices Of SRIS, P.C. — Licensed in MD, VA. Former MD Assistant State’s Attorney. View Kristen Fisher’s Profile
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 these cases.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense in Fairfax County
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.
4008 Williamsburg Court
Fairfax, VA 22032
(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.
Related Legal Services
For more information, see our Virginia criminal defense lawyer hub page. We also serve nearby areas including Fairfax City, Falls Church, and Prince William County. In Fairfax County, we also handle DUI/DWI defense and family law matters. Learn more about our attorneys.
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.