Criminal Defense Lawyer in Fairfax County, Virginia — What Are Your Rights?
Virginia Criminal Law Defined
Virginia criminal law is codified in Title 18.2 of the Virginia Code. It defines offenses from misdemeanors like assault and battery (§ 18.2-57) to felonies like grand larceny (theft of $1,000 or more). The Commonwealth’s Attorney for Fairfax County prosecutes these cases at the Fairfax County General District Court for misdemeanors and preliminary hearings, and at the Fairfax County Circuit Court for felony trials.
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 court information, see the Fairfax County General District Court website.
Fairfax County Court Process
Your case begins with an arrest and bond hearing before a magistrate. Misdemeanors are tried at Fairfax County General District Court. Felonies start with a preliminary hearing there before moving to Circuit Court for trial.
- Arrest & Bond: A magistrate sets bond at the Fairfax County Adult Detention Center. Personal recognizance is common for first-time misdemeanors.
- Arraignment: You appear at Fairfax County General District Court (4110 Chain Bridge Road) to hear formal charges and enter a plea.
- Pre-Trial & Discovery: Your attorney reviews evidence from the Commonwealth’s Attorney and files motions to suppress or dismiss.
- Trial or Plea: Misdemeanor trials occur in GDC. For felonies, a preliminary hearing determines if there’s enough evidence for a Circuit Court trial.
- Sentencing or Appeal: If convicted, sentencing follows Virginia guidelines. You can appeal a GDC conviction to Fairfax County Circuit Court for a new trial.
Criminal Penalties in Fairfax County
In Fairfax County, criminal penalties range from fines for minor offenses to years in prison for felonies, with specific classifications under Virginia law.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Assault & Battery (§ 18.2-57) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None typically | Protective order possible |
| Petit Larceny (under $1,000) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Restitution required |
| Grand Larceny ($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 |
| Driving on Suspended License (§ 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. Prior outcomes do not aim for future results.
Why Choose Our Firm
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. We focus on detailed case preparation and local court knowledge. Global advocacy. Local precision.
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 our clients.
Results may vary. Each case is unique. Prior results do not aim for a similar outcome.
Local Criminal Defense Services
Our Fairfax location serves clients at the Fairfax County courts. We are a criminal defense lawyer near Fairfax County Courthouse, accessible via major local 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.
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.
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 nearby areas including Fairfax City and Falls Church. In Fairfax County, we handle related matters like DUI defense and reckless driving. Learn more about attorney Kristen Fisher or visit our Fairfax location page.
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.