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 misdemeanors like assault and battery (§ 18.2-57) to felonies like grand larceny (theft of $1,000 or more). The law also establishes sentencing guidelines under § 19.2-295.1 and expungement procedures for certain case outcomes under § 19.2-392.2. Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, uses this detailed statutory knowledge to build defenses.
Last verified: March 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia criminal statutes, visit the Virginia General Assembly website (Va. Code Title 18.2). For court-specific information, procedures, and forms, refer to the Virginia Beach General District Court official website.
Virginia Beach Court Process and Insider Insight
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 in Circuit Court for any charge with potential jail time.
- Arraignment: You will be formally charged and enter a plea of not guilty, guilty, or no contest.
- Pre-trial Motions: Your attorney can file motions to suppress evidence or dismiss charges based on legal defects.
- Negotiation: Your lawyer will discuss the case with the Commonwealth’s Attorney to seek a reduction or dismissal.
- Trial or Disposition: Your case will proceed to a bench trial in GDC, a jury trial in Circuit Court, or be resolved by a plea agreement.
- Sentencing: If convicted, the judge will impose a sentence based on statutory guidelines and case facts.
- Appeal/Expungement: You may appeal a conviction or, for qualifying outcomes, petition the court to expunge your record.
Virginia Beach Criminal Penalties
In Virginia Beach, criminal penalties are set by state law: a Class 1 misdemeanor carries up to 12 months in jail and a $2,500 fine, while a Class 5 felony carries 1 to 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 |
| Driving on Suspended License (§ 46.2-301) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Further suspension | Mandatory minimum jail for subsequent offenses |
| Grand Larceny ($1,000+) (§ 18.2-95) | Felony (Class 5 or 6) | 1-10 years (Class 5) or 1-5 years (Class 6) | Up to $2,500 | None | Felony record; restitution |
Results may vary. The penalties listed are statutory maximums; actual outcomes depend on the specific facts of your case and court discretion.
Firm Authority and Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to every case. Our team includes a former Virginia State Trooper and a former Maryland Assistant State’s Attorney, providing direct insight into how cases are investigated and prosecuted. We focus on full representation for clients in Virginia Beach.
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
Documented Case Results in Virginia Beach
Law Offices Of SRIS, P.C. has 8 total documented case results across all practice areas in Virginia Beach. These results include charges that were dismissed, reduced, or resulted in not-guilty verdicts.
Results may vary. Prior results do not aim for a similar outcome in your case, which depends on unique facts and circumstances.
Local Virginia Beach Defense Services
Our Richmond location serves clients at the Virginia Beach courts. As a Virginia Beach criminal defense lawyer near the Oceanfront and Naval Air Station Oceana, we represent clients throughout Virginia Beach, Sandbridge, and Oceana. We offer 24/7 phone consultations at (888) 437-7747. All 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 under $1,000, and driving on a suspended license. Cases are heard at Virginia Beach General District Court.
Can criminal charges be expunged in Virginia Beach, Virginia?
Virginia allows expungement for acquittals, dismissals, and cases dropped by the prosecutor (nolle prosequi) under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Virginia Beach Circuit Court. First-offense marijuana possession may qualify through a deferred disposition program.
How does bail work in Virginia Beach, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors. A secured bond, typically requiring a bail bondsman who charges about 10%, is more common for felonies. Bond decisions can be appealed to a judge in 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 up to 12 months in jail and create a permanent public record. A lawyer protects your rights, explores defenses, and works toward the best possible outcome.
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 an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time.
Related Legal Resources
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 are facing other charges in Virginia Beach, consider our Virginia Beach DUI lawyer or Virginia Beach family law lawyer services. Learn more about attorney Bryan Block.
Last verified: March 2026. Information is current as of the verification date. Laws and procedures can change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.