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 to felonies, with penalties set by statute. The Commonwealth’s Attorney for Fairfax County prosecutes these cases in local courts.
Last verified: March 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the complete Virginia criminal statutes, see Va. Code Title 18.2 (Crimes and Offenses) on the Virginia General Assembly website. For Fairfax County court information, visit 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. Fairfax County Circuit Court handles felony jury trials and all GDC appeals. The Commonwealth’s Attorney for Fairfax County prosecutes; first offender programs are available under Va. Code § 19.2-303.2 — successful completion results in dismissal.
- Initial arrest and bond hearing: After arrest, a magistrate sets bond. For first-offense misdemeanors, personal recognizance is common. For felonies, secured bond typically requires a bail bondsman.
- Arraignment at Fairfax County General District Court: Formal reading of charges. Enter plea of not guilty. Request discovery from Commonwealth’s Attorney. Schedule trial date.
- Discovery and motion practice: Review police reports, witness statements, and evidence. File suppression motions if constitutional violations exist. Negotiate with prosecutor for reduction or dismissal.
- Trial or plea resolution: Misdemeanor bench trial in GDC or felony preliminary hearing. If felony bound over, case moves to Fairfax County Circuit Court for jury trial.
- Sentencing or expungement: If convicted, sentencing follows Virginia guidelines. If case dismissed or acquitted, file expungement petition in Fairfax County Circuit Court under Va. Code § 19.2-392.2.
Fairfax County Criminal Penalties
In Fairfax County, criminal offenses carry penalties from fines to incarceration: Class 1 misdemeanor up to 12 months jail/$2,500 fine; Class 5 felony 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 | Restitution required |
| Driving on Suspended (Va. Code § 46.2-301) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Additional suspension | Vehicle impoundment possible |
| 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 | Restitution, felony record |
Results may vary. Case outcomes depend on specific facts, evidence, and court discretion.
Our 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. Our Fairfax County criminal defense team includes former prosecutors who understand local prosecution strategies.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’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
Fairfax County Case 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 this locality.
Results may vary. Prior results do not aim for a similar outcome.
Fairfax County Criminal Defense Lawyer Near You
Our Fairfax location serves clients at Fairfax County courts (4110 Chain Bridge Road). We are a criminal defense lawyer near Fairfax County courthouse, accessible via major highways. We serve 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
Phone: (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. For defense in nearby areas, consult our Fairfax City criminal defense lawyer and Falls Church criminal defense lawyer pages. For related practice areas in Fairfax County, see Fairfax County DUI/DWI lawyer and Fairfax County reckless driving lawyer. View Kristen Fisher’s attorney profile for more background.
Last verified: March 2026. Information current as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.