Posts Tagged ‘Fredericksburg Virginia’
Virginia Class 6 Felony Defense
If you are charged with a Virginia Class 6 felony, contact the SRIS Law Group Virginia felony defense lawyers for help.
Virginia Law § 18.2-10. Punishment for conviction of Class 6 felony; penalty.
For Virginia Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
Virginia Class 5 Felony Defense
If you are charged with a Virginia Class 5 felony, contact the SRIS Law Group Virginia felony defense lawyers for help.
Virginia Law § 18.2-10. Punishment for conviction of Class 5 felony; penalty.
For Virginia Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
Virginia Class 4 Felony Defense
If you are charged with a Virginia Class 4 felony, contact the SRIS Law Group Virginia felony defense lawyers for help.
Virginia Law § 18.2-10. Punishment for conviction of Class 4 felony; penalty.
For Virginia Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.
Virginia Class 3 Felony Defense
If you are charged with a Virginia Class 3 felony, contact the SRIS Law Group Virginia felony defense lawyers for help.
Virginia Law § 18.2-10. Punishment for conviction of Class 3 felony; penalty.
For Virginia Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
Virginia Class 2 Felony Defense
If you are charged with a Virginia Class 2 felony, contact the SRIS Law Group Virginia felony defense lawyers for help.
Virginia Law § 18.2-10. Punishment for conviction of Class 2 felony; penalty.
For Virginia Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
Virginia Class 1 Felony Defense
If you are charged with a Virginia Class 1 felony, contact the SRIS Law Group Virginia felony defense lawyers for help.
Virginia Law § 18.2-10. Punishment for conviction of Class 1 felony; penalty.
For Virginia Class 1 felonies, death, if the person so convicted was 18 years of age or older at the time of the offense and is not determined to be mentally retarded pursuant to § 19.2-264.3:1.1, or imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. If the person was under 18 years of age at the time of the offense or is determined to be mentally retarded pursuant to § 19.2-264.3:1.1, the punishment shall be imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000.
Virginia Possession of Child Pornography Defense
The SRIS Law Group Virginia attorneys who defend clients charged with possession of child pornography in Virginia, receipt of child pornography or distribution of child pornography in Virginia are very experienced at defending clients charged with violating Virginia Code Section 18.2-374.1:1.
Contact us at 888-437-7747.
Virginia Law Possession of child pornography; penalty. § 18.2-374.1:1.
A. Any person who knowingly possesses any sexually explicit visual material utilizing or having as a subject a person less than 18 years of age shall be guilty of a Class 6 felony. However, no prosecution for possession of material prohibited by this section shall lie where the prohibited material comes into the possession of the person charged from a law-enforcement officer or law-enforcement agency.
B. The provisions of this section shall not apply to any such material which is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, attorney, judge, or other person having a proper interest in the material.
C. All sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age shall be subject to lawful seizure and forfeiture pursuant to § 19.2-386.31.
D. Any person convicted of a second or subsequent offense under this section shall be guilty of a Class 5 felony.
Implied Consent in Virginia and Refusal
In Virginia, every person who drives on a public highway has impliedly consented to have samples of his blood or breath taken. If a drivers refuses to give a blood or breath sample when requested to do so upon being arrested for DWI or DUI in Virginia, they violate the implied consent law. One exception to the implied consent law is if you were driving a motor vehicle on private property.
So if you were stopped on private property in Fairfax County, Virginia, Richmond, Virginia, Virginia Beach, Virginia, Lynchburg, Virginia, Prince William County, Virginia, Fredericksburg, Virginia or any other county in Virginia, then you would not be required by law to take a breath or blood test.
Virginia DUI Code Section 18.2-268.3 states that it is “unlawful” for a person who is arrested for a violation of 18.2-266 (DWI) 18.2-266.1 (Underage DWI), or 18.2-272 (Driving on a Revoked License) to “unreasonably refuse” to have samples of his blood or breath, or both blood and breath, taken.
What makes a refusal “unreasonable” in Virginia?
The answer to this question is fact specific and some guidance has been provided by Virginia case law?
Keep in a mind, that if a driver accused of DUI, DWI, or any other drunk driving offense voluntarily takes the breath test, the BAC results may be used against the driver at trial.
It is common practice in Virginia for police officers to charge drivers accused of a DUI in Virginia or DWI in Virginia with both a DUI/DWI and Unreasonable Refusal.
Frequently, a Virginia prosecutor will try to prove the DUI without the benefit of a breath or blood test. The Virginia prosecutor will rely on any field sobriety tests conducted on the side of the road, driving behavior, statements made by the driver, and the officer’s general observations about the driver (such as his or her demeanor, motor skills, balance, speech, etc.).
Penalty/Punishment for Refusal of Breath or Blood Test in Virginia
A first offense of refusal to take a breath or blood test is a civil offense. Therefore, the penalty is 12 month loss of license. This license loss is in addition to the license loss imposed for the accompanying DWI/DUI if you are convicted of both. In Virginia, a judge has no discretion to authorize restricted driving privileges on the license loss imposed for the Unreasonable Refusal conviction.
Second or subsequent violations are criminal offenses that can be either a Class 1 or 2 misdemeanors punishable by up to 6 to 12 months in jail, substantial fines, and loss of license.
Contact an Experienced Virginia DUI/DWI Defense Attorney
Call the SRIS Law Group Virginia DUI lawyers today if you have been charged with DWI/DUI/drunk driving or refusal in Virginia. We have offices in Fairfax County, Prince William County (Northern Virginia) , Fredericksburg, Richmond (Central Virginia) Virginia Beach (Hampton Roads/Tidewater) and Lynchburg (Western Virginia).
Contact us today by calling 888-437-7747.
VIRGINIA DRIVING ON SUSPENDED LICENSE DEFENSE LAWYERS
The penalty for driving on suspended license in Virginia is confinement in jail for not more than six months and a fine of not more than $1,000, either or both.
The penalty for driving on suspended license in Virginia for a second or subsequent offense is confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
If you have been charged with driving on a suspended license in Virginia, contact the SRIS Law Group driving on suspended license defense lawyers for help.
Our Virginia driving on suspended license defense attorneys will aggressively defend you.
The following is the Virginia law for driving on suspended license in Virginia:
Virginia Code § 46.2-300. Driving without license prohibited; penalties.
No person, except those expressly exempted in §§ 46.2-303 through 46.2-308, shall drive any motor vehicle on any highway in the Commonwealth until such person has applied for a driver’s license, as provided in this article, satisfactorily passed the examination required by § 46.2-325, and obtained a driver’s license, nor unless the license is valid.
A violation of this section is a Class 2 misdemeanor. A second or subsequent violation of this section is a Class 1 misdemeanor.
Upon conviction under this section, the court may suspend the person’s privilege to drive for a period not to exceed 90 days.
Virginia Class 1 Misdemeanor Penalty
What is the penalty for a Class 1 Misdemeanor in Virginia?
The maximum penalty for a class 1 misdemeanor in Virginia is 1 year in jail and a fine of $2500.
Some examples of a class 1 misdemeanor in Virginia are:
- Virginia Reckless Driving
- Virginia DUI
- Virginia Assault & Battery
- Virginia Driving On Suspended License
