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. This statute defines offenses from Class 1 misdemeanors (up to 12 months jail) to Class 5 felonies (1-10 years). The Fairfax County Commonwealth’s Attorney prosecutes these charges at the Fairfax County General District Court for misdemeanors and preliminary hearings, with felony trials held at the Fairfax County Circuit Court.
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) on the official Virginia General Assembly website. For Fairfax County court information, procedures, and forms, refer to the Fairfax County General District Court website.
Fairfax County 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. Defendants have an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time.
- Arrest & Initial Appearance: A magistrate sets bond after arrest. Personal recognizance is common for first-offense misdemeanors.
- Arraignment: You enter a plea of guilty, not guilty, or no contest at Fairfax County General District Court.
- Pre-Trial & Discovery: Your attorney reviews evidence, files motions, and negotiates with the Commonwealth’s Attorney.
- Trial or Disposition: Misdemeanor trials occur in GDC; felony preliminary hearings determine if evidence supports a Circuit Court trial.
- Sentencing or Appeal: If convicted, sentencing follows Virginia guidelines. You may appeal a GDC decision to Circuit Court.
Criminal Penalties in Fairfax County
In Fairfax County, criminal charges carry significant penalties: a Class 1 misdemeanor results in 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 (Va. Code § 18.2-57) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Protective order, permanent record |
| Petit Larceny (under $1,000) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Restitution, employment barriers |
| Grand Larceny ($1,000+) | Felony (Class 5 or 6) | 1-10 years (Class 5) | Court discretion | None | Felony record, loss of rights |
| Driving on Suspended (Va. Code § 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. The penalties listed are maximums; actual outcomes depend on case facts, evidence, and court discretion.
Why Choose Law Offices Of SRIS, P.C.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our attorneys bring over 120 years of combined legal experience to each case. We have achieved 4,739+ favorable results firm-wide with a 93%+ favorable outcome rate. Our tagline, “Global advocacy. Local precision,” reflects our approach to Fairfax County criminal defense.
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
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 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. Fairfax County General District Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) is the GDC location.
Documented 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 this locality.
Results may vary. Prior results do not aim for a similar outcome in your case.
Criminal Defense Lawyer Near Fairfax County
Our Fairfax location serves clients at the Fairfax County courts (4110 Chain Bridge Road). We are a criminal defense lawyer near Fairfax County General District Court, 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.
Related Legal Services
For more information on Virginia criminal defense, visit our Virginia criminal defense lawyer hub page. If you are in a neighboring area, consider our Fairfax City criminal defense lawyer or Falls Church criminal defense lawyer pages. For other legal needs in Fairfax County, see our Fairfax County DUI lawyer or Fairfax County family law lawyer services. Learn more about attorney Kristen Fisher.
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.