Criminal Defense Lawyer in Fairfax County, Virginia — What Are Your Rights?
Virginia Criminal Law in Fairfax County
Virginia classifies criminal offenses into misdemeanors and felonies, with penalties defined in Va. Code Title 18.2. Class 1 misdemeanors carry up to 12 months in jail and a $2,500 fine, while Class 5 felonies carry 1-10 years imprisonment. Fairfax County prosecutors follow Virginia sentencing guidelines, but judges have discretion based on case facts.
Last verified: March 2026 | Fairfax County General District Court | Virginia General Assembly
Official Virginia Criminal Law Resources
For the complete Virginia criminal code, see Va. Code Title 18.2 (Crimes and Offenses) on the Virginia General Assembly website. Fairfax County court procedures and forms are available at the Fairfax County General District Court website.
Fairfax County Criminal Court Process
Fairfax County General District Court handles all misdemeanor trials and felony preliminary hearings. The Commonwealth’s Attorney for Fairfax County prosecutes cases. First offender programs under Va. Code § 19.2-303.2 allow dismissal upon successful completion.
- Initial appearance and bond hearing: Appear before a magistrate within 24 hours of arrest for bond determination. Personal recognizance is common for first-offense misdemeanors.
- Arraignment and plea entry: Enter a plea of guilty, not guilty, or no contest at Fairfax County General District Court. Not guilty preserves all rights.
- Discovery and motion filing: Review prosecution evidence and file pre-trial motions to suppress evidence or dismiss charges based on procedural errors.
- Trial or plea negotiation: Proceed to bench trial in GDC or negotiate a plea agreement that may reduce charges or penalties.
- Sentencing or appeal: If convicted, present mitigation evidence at sentencing. Appeal to Fairfax County Circuit Court for a new trial.
Fairfax County Criminal Penalties
In Fairfax County, criminal offenses carry penalties ranging from fines to imprisonment: Class 1 misdemeanors up to 12 months jail/$2,500 fine, Class 5 felonies 1-10 years.
| 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 affects employment |
| Grand Larceny $1,000+ (Va. Code § 18.2-95) | Felony (Class 6 or 5) | 1-20 years | Up to $2,500 | 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 10 days jail for 3rd offense |
Results may vary. Case outcomes depend on specific facts, evidence, and court discretion.
Fairfax County Criminal Defense Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm has over 120 years of combined attorney experience and 4,739+ documented case results firm-wide. We maintain a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and DC.
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
Fairfax County Criminal Defense Results
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 Fairfax County cases.
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 Fairfax County General District Court (4110 Chain Bridge Road). We represent clients 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.
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 Virginia criminal defense overview, see our Virginia criminal defense lawyer hub page. We also serve neighboring jurisdictions including Fairfax City, Falls Church, and Prince William County. In Fairfax County, we handle related matters including DUI/DWI defense and reckless driving cases.
Learn more about Kristen Fisher, former Maryland prosecutor who also handles Fairfax County cases.
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.