Virginia Beach Criminal Defense Lawyer — What Are Your Rights?
Virginia Beach Criminal Law Defined by Statute
Virginia criminal law is codified in Title 18.2 of the Virginia Code. This statute defines offenses from assault and battery (§ 18.2-57) to larceny (§ 18.2-95) and drug possession. The law classifies crimes as misdemeanors (Class 1-4) or felonies (Class 1-6), each with specific penalty ranges set by the Virginia General Assembly.
Last verified: March 2026 | Virginia Beach General District Court | Va. Code Title 18.2
Official Legal Resources
For the full text of Virginia criminal statutes, visit the Virginia General Assembly website (Va. Code Title 18.2). For court procedures and forms, refer to the Virginia Beach General District Court official website.
Virginia Beach Court Process: What to Expect
Your case will start at Virginia Beach General District Court for misdemeanor trials or felony preliminary hearings. Felony jury trials move to Virginia Beach Circuit Court. You have an absolute right to a jury trial for any charge with potential jail time.
- Arraignment: You will hear the formal charges 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: The Commonwealth’s Attorney may present a plea offer. Your lawyer will advise if it serves your interests.
- Trial or Disposition: The case proceeds to a bench trial in GDC, a jury trial in Circuit Court, or is resolved through a plea agreement.
- Sentencing: If convicted, the judge will impose a sentence based on Virginia sentencing guidelines and the facts of your case.
- Appeal or Expungement: You may appeal a conviction or, for certain case outcomes, petition for expungement under Va. Code § 19.2-392.2.
Penalties for Criminal Charges in Virginia Beach
In Virginia Beach, criminal penalties are set by Virginia statute. A Class 1 misdemeanor carries up to 12 months in jail and a $2,500 fine, while a Class 5 felony carries 1-10 years in prison.
| 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 (<$1,000) (§ 18.2-96) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Restitution required |
| Grand Larceny ($1,000+) (§ 18.2-95) | Felony (Class 5 or 6) | 1-20 years* | Court discretion | None | Felony record, restitution |
| Driving on Suspended License (§ 46.2-301) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Further suspension | Mandatory minimum fine for subsequent offenses |
*A Class 5 felony carries 1-10 years, or up to 12 months plus a $2,500 fine at jury discretion. A Class 6 felony carries 1-5 years. Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Virginia Beach Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your case. Our team includes a former Virginia State Trooper and a former Maryland prosecutor, providing unique insight into law enforcement tactics and prosecution strategies. We focus on the Virginia Beach area and surrounding communities.
Kristen Fisher, Senior Attorney at Law Offices Of SRIS, P.C. — Licensed in MD, VA. Former MD Assistant State’s Attorney. View Kristen Fisher’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
Case Results in Virginia Beach
Law Offices Of SRIS, P.C. has 8 total documented case results across all practice areas in Virginia Beach. Our approach combines detailed case analysis with strategic negotiation and courtroom advocacy.
Results may vary. Prior results do not aim for a similar outcome.
Criminal Defense Lawyer Near Virginia Beach
Our Richmond location serves clients at the Virginia Beach courts. We represent individuals in Virginia Beach, Sandbridge, and Oceana. Contact us for 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Phone: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Virginia Beach, Virginia?
A Class 1 misdemeanor in Virginia Beach carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor carries up to 6 months and a $1,000 fine. Common charges include assault and battery, petit larceny, and driving on a suspended license.
Can criminal charges be expunged in Virginia Beach, Virginia?
Yes, under Va. Code § 19.2-392.2, expungement is available for acquittals, dismissals, and nolle prosequi (dropped charges). Most convictions cannot be expunged. The petition is filed in Virginia Beach Circuit Court.
How does bail work in Virginia Beach, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors. Secured bond (requiring a bail bondsman) is typical for felonies. Bond decisions can be appealed to Virginia Beach General District Court.
Do I need a criminal defense lawyer in Virginia Beach, Virginia?
Yes. Charges are prosecuted by the Commonwealth’s Attorney and heard at Virginia Beach General District Court. Even misdemeanors carry jail time and create a permanent record. A lawyer protects your rights and explores defenses.
What is the difference between GDC and Circuit Court in Virginia Beach?
Virginia Beach General District Court (GDC) handles misdemeanor trials and felony preliminary hearings. Virginia Beach Circuit Court handles felony jury trials and appeals from GDC. You have a right to a jury trial in Circuit Court for jail-eligible offenses.
Related Legal Services
For more information, visit our Virginia criminal defense lawyer hub page. We also serve clients in nearby areas like Henrico County and Chesterfield County. If you need assistance with a related matter in Virginia Beach, consider our DUI defense or family law services. Learn more about attorney Bryan Block.
Last verified: March 2026. Information is current as of the verification date. Laws change; contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.