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 classification determines the potential penalty you face in Virginia Beach court.
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 Virginia Beach court information, procedures, and forms, refer to the Virginia Beach General District Court official website.
Virginia Beach Court Process & Insider Insight
Your case begins at Virginia Beach General District Court for misdemeanor trials or felony preliminary hearings. The Virginia Beach Commonwealth’s Attorney prosecutes all cases. You have an absolute right to a jury trial in Circuit Court for any charge with potential jail time.
- Arraignment: You appear in Virginia Beach General District Court, hear the formal charges, and enter a plea of guilty, not guilty, or no contest.
- Bond Hearing: A magistrate sets bond after arrest. Personal recognizance is common for first-offense misdemeanors; secured bond via a bondsman is typical for felonies.
- Discovery & Motions: Your attorney obtains police reports and evidence, then files pre-trial motions to challenge evidence or seek dismissal.
- Plea Negotiation or Trial: Most cases resolve through negotiation. If no agreement is reached, your case proceeds to a bench trial in GDC or a jury trial in Circuit Court.
- Sentencing or Appeal: If convicted, the judge imposes sentence. You can appeal a GDC conviction to Virginia Beach Circuit Court for a new trial.
Virginia Beach Criminal Penalties
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; 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 (under $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 | Additional 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. Prior results do not aim for a similar outcome.
Bond amount is set by a magistrate at arrest. Public defender eligibility is based on income; court-appointed attorney fees range from $120 for a misdemeanor to $445 or more for a felony.
Firm Authority & 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 Virginia Beach criminal defense team includes a former Virginia State Trooper with 15 years of law enforcement insight and a former Maryland prosecutor. This prosecutorial and investigative perspective is applied to build strong defenses 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. Our approach focuses on case-specific defense strategies case-specific to the Virginia Beach General District Court and Circuit Court.
Results may vary. Prior results do not aim for a similar outcome.
Local Virginia Beach Defense
Our Richmond location serves clients at the Virginia Beach courts. We are a criminal defense lawyer near Virginia Beach, Sandbridge, and Oceana. We are accessible via I-264, I-64, and Route 44. We provide 24/7 phone consultations at (888) 437-7747. All meetings are by appointment only.
Law Offices Of SRIS, P.C.
Richmond Location — 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.
Can criminal charges be expunged in Virginia Beach, 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 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. Secured bond (a bail bondsman charges about 10%) is typical for felonies. Bond decisions can be appealed to the Virginia Beach General District Court.
Do I need a criminal defense lawyer in Virginia Beach, Virginia?
Yes. Charges are prosecuted by the Virginia Beach Commonwealth’s Attorney. Even misdemeanors carry jail time and create a permanent record. An attorney protects your rights, negotiates with prosecutors, and represents you at Virginia Beach General District Court.
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 any offense with potential jail time.
Related Legal Resources
For more information, visit our Virginia criminal defense lawyer hub page. We also serve nearby areas including Henrico County and Chesterfield County. In Virginia Beach, we handle related matters like DUI defense and reckless driving. 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.