Criminal Defense Lawyer in Fairfax County, Virginia — What Are Your Rights?
Virginia Criminal Law Defined by Statute
Virginia criminal law is codified in Title 18.2 of the Virginia Code. This statute 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 the court where your case will be heard.
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 Code Title 18.2 (Crimes and Offenses). For Fairfax County court information, procedures, and forms, refer to the Fairfax County General District Court website.
Fairfax County Court Process and Defense Strategy
Your criminal case in Fairfax County will follow a specific path. Fairfax County General District Court handles all misdemeanor trials and felony preliminary hearings. Felony jury trials and appeals happen at Fairfax County Circuit Court.
- Arraignment: You will be formally charged and 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 procedural errors.
- Negotiation: Your attorney will negotiate with the Commonwealth’s Attorney for a potential plea agreement or diversion program.
- Trial: If no agreement is reached, your case proceeds to a bench trial in General District Court or a jury trial in Circuit Court.
- Sentencing: If convicted, the judge will impose a sentence based on Virginia sentencing guidelines.
- Appeal/Expungement: You may appeal a conviction or, for qualifying outcomes, petition for expungement under Va. Code § 19.2-392.2.
Penalties for Criminal Offenses 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 | Protective order, permanent record |
| Petit Larceny (Theft under $1,000) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Restitution, permanent record |
| Grand Larceny (Theft $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 | DMV points, increased insurance |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Fairfax County Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We focus on providing a strong defense grounded in a deep understanding of Virginia law and Fairfax County court procedures.
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
Documented Case Results in Fairfax County
Law Offices Of SRIS, P.C. has 501 documented criminal defense results in Fairfax County. This includes 336 cases dismissed or found not guilty, and 143 charges reduced or amended to lesser offenses.
Results may vary. Prior results do not aim for a similar outcome.
Criminal Defense Lawyer Near Fairfax County Courts
Our Fairfax location serves clients at the Fairfax County General District Court (4110 Chain Bridge Road). We represent individuals throughout 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 | 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: 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?
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 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 clients in nearby areas including Fairfax City and Falls Church. If you are facing related charges, explore our Fairfax County DUI lawyer or Fairfax County reckless driving lawyer pages. Learn more about attorney Kristen Fisher.
Last verified: March 2026. Information updated as of February 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.