Fauquier County Criminal Lawyer — What Are Your Defense Options?
Virginia Criminal Law Defined
Criminal offenses in Virginia are classified as either felonies or misdemeanors, defined by statute. Felonies, such as grand larceny (Va. Code § 18.2-95) or malicious wounding (Va. Code § 18.2-51), are more serious crimes punishable by imprisonment in a state correctional facility. Misdemeanors, including simple assault (Va. Code § 18.2-57) or petty larceny (Va. Code § 18.2-96), are less severe but still carry penalties of up to 12 months in jail. The specific elements the prosecution must prove are outlined in the Virginia Code.
Last verified: March 2026 | Fauquier County General District Court & Circuit Court | Virginia General Assembly
Official Legal Resources
- Virginia Code (official Virginia General Assembly) – The complete statutory law of Virginia.
- Fauquier County General District Court – Official court website for case information and procedures.
The Fauquier County Court Process
Your first appearance will be in the Fauquier County General District Court for misdemeanors and initial felony hearings. The court is located at 40 Culpeper Street in Warrenton. Understanding local procedure is critical for building a defense.
- Arraignment: You will be formally advised of the charges and enter a plea of guilty, not guilty, or no contest.
- Pre-Trial Conference: Your attorney and the Commonwealth’s Attorney may discuss possible case resolution.
- Trial: If no agreement is reached, your case proceeds to a bench trial before a judge in General District Court.
- Appeal or Certification: You can appeal a misdemeanor conviction to Circuit Court for a new trial. Felony cases are certified to Circuit Court for further proceedings.
Potential Penalties for Criminal Charges
In Fauquier County, criminal penalties vary widely based on the offense classification, from fines for minor misdemeanors to decades in prison for serious felonies.
| Offense Example | Classification (Va. Code) | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Assault & Battery (Simple) | Class 1 Misdemeanor (§ 18.2-57) | Up to 12 months | Up to $2,500 | None typically | Protective order possible |
| Petty Larceny (Theft under $1000) | Class 1 Misdemeanor (§ 18.2-96) | Up to 12 months | Up to $2,500 | None | Restitution required |
| Grand Larceny (Theft $1000+) | Felony (§ 18.2-95) | 1-20 years | Discretionary | None | Felony record, restitution |
| First-Time DUI | Class 1 Misdemeanor (§ 18.2-270) | Up to 12 months (5-day min.) | $250-$2,500 | 12-month suspension | ASAP program, ignition interlock |
Results may vary. The penalties listed are maximums; actual outcomes depend on the specific facts of your case, your prior record, and the court’s discretion.
Why Choose Our Firm for Your Defense
Founded in 1997 by a former prosecutor, Law Offices Of SRIS, P.C. brings a unique perspective to criminal defense. Our team includes former Maryland Assistant State’s Attorney Kristen Fisher, who understands how prosecutors build cases. With over 120 years of combined attorney experience and a documented history of favorable outcomes, we apply this knowledge to defend clients in Fauquier County. Our approach is case-specific, focusing on the details of your situation.
Frequently Asked Questions
What should I do if I am arrested in Fauquier County?
Remain calm and polite. Do not discuss the details of your case with law enforcement. Clearly state you wish to remain silent and request an attorney. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 as soon as possible.
What is the difference between a misdemeanor and a felony in Virginia?
Misdemeanors are less serious crimes punishable by up to 12 months in jail and fines. Felonies are more serious offenses with potential state prison sentences of one year or more. The classification is defined in Va. Code § 18.2-8 and § 18.2-9.
How long does a criminal case take in Fauquier County General District Court?
It depends on the charge’s complexity and court schedule. A simple misdemeanor case may resolve in 2-4 months. Felony cases bound over to Circuit Court can take 9-18 months or longer. An attorney can provide a more specific timeline for your situation.
Can a criminal charge be expunged in Virginia?
Yes, under specific conditions. If you are acquitted, the charge is dismissed, or you receive an absolute pardon, you may petition for expungement. The process is governed by Va. Code § 19.2-392.2. Not all records are eligible.
What are the potential penalties for a first-time DUI in Fauquier County?
A first-time DUI is a Class 1 misdemeanor under Va. Code § 18.2-270. Mandatory minimum penalties include a $250 fine, a 12-month license suspension (with restricted driving possible), and completion of the Alcohol Safety Action Program (ASAP).
Our Approach to Criminal Defense
Law Offices Of SRIS, P.C. has handled thousands of criminal cases firm-wide across Virginia, Maryland, New Jersey, New York, and DC. We focus on a detailed review of the evidence, challenging procedural errors, and negotiating for reduced charges or alternative resolutions when it serves your best interest.
Results may vary. Prior results do not aim for a similar outcome in your case.
Criminal Defense Lawyer Near Fauquier County
Our Warrenton location is minutes from the Fauquier County Courthouse, accessible via Routes 15, 17, and 29. We serve clients throughout the Fauquier County area and surrounding communities like Warrenton, Bealeton, Remington, and The Plains.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
10 Hotel Street
Warrenton, VA 20186
Phone: (888) 437-7747
By appointment only.
Related Legal Services
- Virginia Criminal Defense Lawyer – Our state-wide hub page.
- Prince William County Criminal Lawyer – Defense in a neighboring county.
- Fauquier County DUI Lawyer – Specialized DUI defense in the same locality.
- Kristen Fisher Attorney Profile – Learn more about your attorney.
Last verified: March 2026. Laws and procedures change. For the most current information regarding your criminal case in Fauquier County, contact Law Offices Of SRIS, P.C. at (888) 437-7747.