Criminal Defense Lawyer in Fauquier County, Virginia
Virginia Criminal Law in Fauquier County
Virginia classifies criminal offenses as misdemeanors or felonies, with penalties defined in Title 18.2 of the Virginia Code. A Class 1 misdemeanor, such as simple assault under Va. Code § 18.2-57, carries up to 12 months in jail and a $2,500 fine. Felonies like grand larceny (theft of $1,000 or more under Va. Code § 18.2-95) are more severe. Your case will be heard at the Fauquier County General District Court located at 6 Court Street in Warrenton.
Last verified: March 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia criminal laws, refer to the official Va. Code Title 18.2 (Crimes and Offenses) published by the Virginia General Assembly. For Fauquier County court information, visit the Fauquier County General District Court website.
Fauquier County Court Process
The Fauquier County Commonwealth’s Attorney prosecutes all criminal cases. Your first court date is an arraignment at the General District Court, where you enter a plea. For misdemeanors, a trial may be scheduled within 4-8 weeks. For felonies, a preliminary hearing is held in General District Court to determine if there is probable cause to send the case to Fauquier County Circuit Court for a jury trial.
- Arraignment: Appear in Fauquier County General District Court, 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 legal defects.
- Negotiation: Your lawyer discusses potential plea agreements or diversion programs with the prosecutor.
- Trial or Hearing: For misdemeanors, a bench trial is held in General District Court. For felonies, a preliminary hearing occurs there.
- Disposition: The case is resolved by dismissal, plea agreement, or trial verdict.
- Appeal or Expungement: If convicted, you may appeal to Circuit Court. If charges are dismissed, you may petition for expungement under Va. Code § 19.2-392.2.
Potential Penalties for Criminal Charges
In Fauquier County, a Class 1 misdemeanor carries up to 12 months in jail and a $2,500 fine, while a Class 5 felony carries 1-10 years in prison.
| 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 typically | 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 | Restitution required |
| Grand Larceny $1,000+ (Va. Code § 18.2-95) | Felony (Grand Larceny) | 1-20 years | Discretionary | None | Felony record |
| Driving on Suspended (Va. Code § 46.2-301) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Additional 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 discretion of the judge.
Bond in Fauquier County is set by a magistrate after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors. A secured bond, typically requiring a bail bondsman who charges about 10%, is more likely for felonies. You can request a bond review hearing in Fauquier County General District Court.
Our Criminal Defense Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our team brings over 120 years of combined legal experience to criminal defense. We have a documented result in Fauquier County with a 100% favorable outcome rate for our clients there. Our attorneys include a former Virginia State Trooper and a former Maryland prosecutor, giving us unique insight into how cases are investigated and built.
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 Fauquier County
Law Offices Of SRIS, P.C. has 1 documented criminal defense result in Fauquier County, Virginia, with a 100% favorable outcome rate for clients in that locality. This result involved a charge reduction or amendment. Firm-wide across our offices in Virginia, Maryland, New Jersey, New York, and Washington D.C., we have handled over 4,739 cases with a favorable outcome rate exceeding 93%.
Results may vary. Prior results do not aim for a similar outcome in your case.
Criminal Defense Lawyer Near Fauquier County
Our Fairfax location serves clients at the Fauquier County courts in Warrenton. We are accessible via I-66, Route 29, and Route 17. We provide criminal defense representation to individuals in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Phone: (703) 636-5417 | 24/7: (888) 437-7747
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Fauquier County, Virginia?
A Class 1 misdemeanor in Fauquier 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 Fauquier County General District Court (6 Court Street, Warrenton, VA 20186). 1 documented results: 1 reduced/amended (100% favorable outcome rate).
Can criminal charges be expunged in Fauquier 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 Fauquier County Circuit Court. First-offense marijuana possession may qualify through deferred disposition. 1 documented results: 1 reduced/amended (100% favorable outcome rate).
How does bail work in Fauquier County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Fauquier County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Fauquier 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 Fauquier County, Virginia?
Criminal charges in Fauquier County are prosecuted by the Commonwealth’s Attorney and heard at Fauquier County General District Court (6 Court Street, Warrenton, VA 20186). Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. 1 documented results: 1 reduced/amended (100% 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 Fauquier County?
Fauquier County General District Court handles misdemeanor trials and felony preliminary hearings. Fauquier 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. Fauquier County General District Court (6 Court Street, Warrenton, VA 20186) is the GDC location.
Related Legal Services
For more information on criminal defense across Virginia, visit our Virginia Criminal Defense Lawyer hub page. If you are facing charges in a neighboring jurisdiction, our Fairfax County criminal defense lawyer and Prince William County criminal defense lawyer can also assist. In Fauquier County, we also handle DUI/DWI defense and family law matters. Learn more about attorney Kristen Fisher’s background.
Last verified: March 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.