Posts Tagged ‘Involuntary Manslaughter’
Daniel Jacob pleaded guilty in April to two charges of aggravated involuntary manslaughter, and had 20 years of a 40-year sentence suspended.
Driving on suspended licence is a very serious crime.
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Our Virginia Driving on suspended licence lawyers have the experience to defend you against any type of Driving on suspended licence charge.
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MARYLAND CRIMINAL DEFENSE ATTORNEYS
DEFENDING FIRST & SECOND DEGREE MURDER & MANSLAUGHTER CHARGES IN MARYLAND
Thou shall not kill and if you do so in Maryland, you may be charged with one of the following charges:
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capital murder
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murder of the first degree
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murder of the second degree
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voluntary manslaughter
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involuntary manslaughter
The Maryland criminal defense attorneys of SRIS, P.C. will not hesitate to defend a client who has been charged with homicide. For more information or to make an appointment with SRIS,P.C. Maryland criminal defense lawyer, please call, send an e-mail or complete the on-line form.
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BALTIMORE, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
To obtain a general overview of homicide, first and second degree murder, and manslaughter defense, please click here.
To learn more about the laws pertaining to homicide, first and second degree murder, and manslaughter defense in Virginia or Massachusetts, please click on the state.
The following are some of the different types of homicide and manslaughter charges one could face in the State of Maryland:
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Murder in the first degree
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Murder in the first degree–Sentence of death
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Murder in the first degree–Sentence of imprisonment for life without the possibility of parole
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Murder in the second degree
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Attempt to commit murder in the first degree
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Attempt to commit murder in the second degree
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Manslaughter
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Manslaughter by vehicle or vessel
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Viable fetuses
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Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se
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Homicide by motor vehicle or vessel while impaired by alcohol
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Homicide by motor vehicle or vessel while impaired by drugs
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Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance
FIRST AND SECOND DEGREE MURDER & MANSLAUGHTER DEFENSE
§ 2-201. Murder in the first degree (top)
In general
(a) A murder is in the first degree if it is:
(1) a deliberate, premeditated, and willful killing;
(2) committed by lying in wait;
(3) committed by poison; or
(4) committed in the perpetration of or an attempt to perpetrate:
(i) arson in the first degree;
(ii) burning a barn, stable, tobacco house, warehouse, or other outbuilding that:
1. is not parcel to a dwelling; and
2. contains cattle, goods, wares, merchandise, horses, grain, hay, or tobacco;
(iii) burglary in the first, second, or third degree;
(iv) carjacking or armed carjacking;
(v) escape in the first degree from a State correctional facility or a local correctional facility;
(vi) kidnapping under § 3-502 or § 3-503(a)(2) of this article;
(vii) mayhem;
(viii) rape;
(ix) robbery under § 3-402 or § 3-403 of this article;
(x) sexual offense in the first or second degree;
(xi) sodomy; or
(xii) a violation of § 4-503 of this article concerning destructive devices.
Penalty
(b)(1) A person who commits a murder in the first degree is guilty of a felony and on conviction shall be sentenced to:
(i) death;
(ii) imprisonment for life without the possibility of parole; or
(iii) imprisonment for life.
(2) Unless a sentence of death is imposed in compliance with § 2-202 of this subtitle and Subtitle 3 of this title, or a sentence of imprisonment for life without the possibility of parole is imposed in compliance with § 2-203 of this subtitle and § 2-304 of this title, the sentence shall be imprisonment for life.
§ 2-202. Murder in the first degree–Sentence of death (top)
Requirement for imposition
(a) A defendant found guilty of murder in the first degree may be sentenced to death only if:
(1) at least 30 days before trial, the State gave written notice to the defendant of:
(i) the State’s intention to seek a sentence of death; and
(ii) each aggravating circumstance on which the State intends to rely;
(2)(i) with respect to § 2-303(g) of this title, except for § 2- 303(g)(1)(i) and (vii) of this title, the defendant was a principal in the first degree; or
(ii) with respect to § 2-303(g)(1)(i) of this title, a law enforcement officer, as defined in § 2-303(a) of this title, was murdered and the defendant was:
1. a principal in the first degree; or
2. a principal in the second degree who:
A. willfully, deliberately, and with premeditation intended the death of the law enforcement officer;
B. was a major participant in the murder; and
C. was actually present at the time and place of the murder; and
(3) the sentence of death is imposed in accordance with § 2-303 of this title.
Limitations
(b)(1) In this subsection, a defendant is “mentally retarded” if:
(i) the defendant had significantly below average intellectual functioning, as shown by an intelligence quotient of 70 or below on an individually administered intelligence quotient test and an impairment in adaptive behavior; and
(ii) the mental retardation was manifested before the age of 22 years.
(2) A defendant may not be sentenced to death, but shall be sentenced to imprisonment for life without the possibility of parole subject to the requirements of § 2-203(1) of this subtitle or imprisonment for life, if the defendant:
(i) was under the age of 18 years at the time of the murder; or
(ii) proves by a preponderance of the evidence that at the time of the murder the defendant was mentally retarded.
§ 2-203. Murder in the first degree–Sentence of imprisonment for life without the possibility of parole (top)
A defendant found guilty of murder in the first degree may be sentenced to imprisonment for life without the possibility of parole only if:
(1) at least 30 days before trial, the State gave written notice to the defendant of the State’s intention to seek a sentence of imprisonment for life without the possibility of parole; and
(2) the sentence of imprisonment for life without the possibility of parole is imposed in accordance with § 2-304 of this title.
§ 2-204. Murder in the second degree (top)
(a) A murder that is not in the first degree under § 2-201 of this subtitle is in the second degree.
Penalty
(b) A person who commits a murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
§ 2-205. Attempt to commit murder in the first degree (top)
A person who attempts to commit murder in the first degree is guilty of a felony and on conviction is subject to imprisonment not exceeding life.
§ 2-206. Attempt to commit murder in the second degree (top)
A person who attempts to commit murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
Penalty
(a) A person who commits manslaughter is guilty of a felony and on conviction is subject to:
(1) imprisonment not exceeding 10 years; or
(2) imprisonment in a local correctional facility not exceeding 2 years or a fine not exceeding $500 or both.
Spousal adultery not a mitigating factor
(b) The discovery of one’s spouse engaged in sexual intercourse with another does not constitute legally adequate provocation for the purpose of mitigating a killing from the crime of murder to voluntary manslaughter even though the killing was provoked by that discovery.
§ 2-209. Manslaughter by vehicle or vessel (top)
“Vehicle” defined
(a) In this section, “vehicle” includes a motor vehicle, streetcar, locomotive, engine, and train.
Prohibited
(b) A person may not cause the death of another as a result of the person’s driving, operating, or controlling a vehicle or vessel in a grossly negligent manner.
Name of crime
(c) A violation of this section is manslaughter by vehicle or vessel.
Penalty
(d) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.
“Viable” defined
(a) For purposes of a prosecution under this title, “viable” has the meaning stated in § 20-209 of the Health–General Article.
Murder or manslaughter of viable fetus
(b) Except as provided in subsections (d) through (f) of this section, a prosecution may be instituted for murder or manslaughter of a viable fetus.
Intent
(c) A person prosecuted for murder or manslaughter as provided in subsection (b) of this section must have:
(1) intended to cause the death of the viable fetus;
(2) intended to cause serious physical injury to the viable fetus; or
(3) wantonly or recklessly disregarded the likelihood that the person’s actions would cause the death of or serious physical injury to the viable fetus.
Right to terminate pregnancy
(d) Nothing in this section applies to or infringes on a woman’s right to terminate a pregnancy as stated in § 20-209 of the Health–General Article.
Liability of medical professionals
(e) Nothing in this section subjects a physician or other licensed medical professional to liability for fetal death that occurs in the course of administering lawful medical care.
Act or failure to act of pregnant woman
(f) Nothing in this section applies to an act or failure to act of a pregnant woman with regard to her own fetus.
Personhood or rights of fetus
(g) Nothing in this section shall be construed to confer personhood or any rights on the fetus.
Death penalty
(h) The commission of first degree murder of a viable fetus under this section, in conjunction with the commission of another first degree murder arising out of the same incident, does not constitute an aggravating circumstance subjecting a defendant to the death penalty under § 2-303(g)(ix) of this title.
§ 2-503. Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while:
(1) under the influence of alcohol; or
(2) under the influence of alcohol per se.
Name of crime
(b) A violation of this section is:
(1) homicide by motor vehicle or vessel while under the influence of alcohol; or
(2) homicide by motor vehicle or vessel while under the influence of alcohol per se.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
§ 2-504. Homicide by motor vehicle or vessel while impaired by alcohol (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while impaired by alcohol.
Name of crime
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by alcohol.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
§ 2-505. Homicide by motor vehicle or vessel while impaired by drugs (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is so far impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive, operate, or control a motor vehicle or vessel safely.
Name of crime
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by drugs.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Prohibited defense
(d) It is not a defense to a charge of violating this section that the person is or was entitled under the laws of this State to use a drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug, combination of drugs, or combination of one or more drugs and alcohol would make the person incapable of driving, operating, or controlling a motor vehicle or vessel in a safe manner.
§ 2-506. Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by a controlled dangerous substance, as defined in § 5-101 of this article.
Name of crime
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by a controlled dangerous substance.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Exception
(d) This section does not apply to a person who is entitled to use the controlled dangerous substance under the laws of this State.
The Maryland attorneys and Law Offices of SRIS, P.C., are located in Rockville & Baltimore .
Our Maryland criminal defense attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
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ATTORNEYS DEFENDING MURDER & MANSLAUGHTER
Licensed in Virginia, Maryland, D.C. & Massachusetts
Most states define first degree murder as a willful and premeditated act of killing. First degree murder is murder that is committed not in the heat of the moment, but one that is planned out in advance of the killing.
The majority of the states in the US have classified second degree murder as a killing that although intentional is not premeditated or planned out, but neither is it a heat of the moment act; or it is a killing that is a result of a dangerous act and the accused clear lack of care for human life.
There are two type of manslaughter: voluntary & involuntary.
Voluntary manslaughter is an intentional killing that occurs in the heat of the moment. The person accused of the crime had no prior intent to kill. To be charged with voluntary manslaughter, the person accused of this crime would have to had something occur that would have caused to become emotionally or mental disturbed to the point that would have caused them to act spontaneously.
Involuntary manslaughter is an unintentional killing that is caused by reckless behavior or criminal negligence. The killing has to be truly unintentional. The person accused of involuntary manslaughter must never have intended the victim’s death.
If you wish to talk with a criminal defense attorney attorney, please call us at 888-437-7747, email us or contact us via our fast on line form.
The Law Offices of SRIS, P.C. have offices in Virginia, Maryland & Massachusetts.
- Our offices in Virginia are located in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach.
- Our offices in Maryland are located in Rockville & Annapolis.
- Our office in Massachusetts is located in Boston.
If you wish to view some of the laws that pertain to being accused of committing a murder or manslaughter in Virginia, Maryland and Massachusetts, please click on the following links:
- Virginia Murder & Manslaughter Defense
- Maryland Murder & Manslaughter Defense
- Massachusetts Murder & Manslaughter Defense
If you wish to talk with a criminal defense attorney attorney, please call us at 888-437-7747, email us or contact us via our fast on line form.
Our attorneys who provide criminal defense and staff in Virginia, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
Our attorneys are licensed to handle murder, manslaughter & homicide cases in Virginia, Maryland, & Massachusetts, however we defend murder/manslaughter/homicide defense only in Virginia, Maryland & Massachusetts.
Please click on attorneys to learn more about the criminal defense lawyers who assist clients with murder, manslaughter and homicide defense in Virginia, Maryland or Massachusetts.
VIRGINIA CRIMINAL ATTORNEYS
DEFENDING FIRST & SECOND DEGREE MURDER & MANSLAUGHTER CASES IN VIRGINIA
In Virginia, it is illegal for any person to commit capital murder, murder of the first degree, murder of the second degree, voluntary manslaughter, or involuntary manslaughter. These are extremely serious offenses that carry life changing consequences. The Virginia law offices of SRIS, P.C. have a number of excellent Virginia criminal defense lawyers in its offices in Fairfax, Lynchburg, Manassas, Richmond, and Virginia Beach, Virginia. For more information or to make an appointment with Virginia criminal lawyer, please call, send an e-mail or complete the on-line form.
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FAIRFAX OFFICE: |
RICHMOND OFFICE: |
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MANASSAS OFFICE: |
VIRGINIA BEACH OFFICE: |
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LYNCHBURG OFFICE: |
To obtain a general overview of homicide, murder & manslaughter defense, please click here.
To learn more about the laws pertaining to homicide, murder & manslaughter defense in Maryland or Massachusetts, please click on the state.
Any of the above charges are felonies. Capital murder is a 1 felony. See Virginia Code Section 18.2-10.
The following are some of the different types of homicide charges one could face in the Commonwealth of Virginia:
- Murder and manslaughter declared felonies
- Capital murder defined; punishment
- First and second degree murder defined; punishment
- Murder of a pregnant woman; penalty
- Killing a fetus; penalty
- Felony homicide defined; punishment
- How voluntary manslaughter punished
- How involuntary manslaughter punished
- Certain conduct punishable as involuntary manslaughter
- Involuntary manslaughter; operating a watercraft while under the influence; penalties
- How and where homicide prosecuted and punished if death occur without the Commonwealth
VA Code § 18.2-30. Murder and manslaughter declared felonies (top)
Any person who commits capital murder, murder of the first degree, murder of the second degree, voluntary manslaughter, or involuntary manslaughter, shall be guilty of a felony.
§ 18.2-31. Capital murder defined; punishment (top)
The following offenses shall constitute capital murder, punishable as a Class 1 felony:
1. The willful, deliberate, and premeditated killing of any person in the commission of abduction, as defined in § 18.2-48, when such abduction was committed with the intent to extort money or a pecuniary benefit or with the intent to defile the victim of such abduction;
2. The willful, deliberate, and premeditated killing of any person by another for hire;
3. The willful, deliberate, and premeditated killing of any person by a prisoner confined in a state or local correctional facility as defined in§ 53.1-1 , or while in the custody of an employee thereof;
4. The willful, deliberate, and premeditated killing of any person in the commission of robbery or attempted robbery;
5. The willful, deliberate, and premeditated killing of any person in the commission of, or subsequent to, rape or attempted rape, forcible sodomy or attempted forcible sodomy or object sexual penetration;
6. The willful, deliberate, and premeditated killing of a law-enforcement officer as defined in§ 9.1-101 or any law-enforcement officer of another state or the United States having the power to arrest for a felony under the laws of such state or the United States, when such killing is for the purpose of interfering with the performance of his official duties;
7. The willful, deliberate, and premeditated killing of more than one person as a part of the same act or transaction;
8. The willful, deliberate, and premeditated killing of more than one person within a three–year period;
9. The willful, deliberate, and premeditated killing of any person in the commission of or attempted commission of a violation of § 18.2-248, involving a Schedule I or II controlled substance, when such killing is for the purpose of furthering the commission or attempted commission of such violation;
10. The willful, deliberate, and premeditated killing of any person by another pursuant to the direction or order of one who is engaged in a continuing criminal enterprise as defined in subsection I of § 18.2-248;
11. The willful, deliberate and premeditated killing of a pregnant woman by one who knows that the woman is pregnant and has the intent to cause the involuntary termination of the woman’s pregnancy without a live birth;
12. The willful, deliberate and premeditated killing of a person under the age of fourteen by a person age twenty–one or older; and
13. The willful, deliberate and premeditated killing of any person by another in the commission of or attempted commission of an act of terrorism as defined in § 18.2-46.4.
If any one or more subsections, sentences, or parts of this section shall be judged unconstitutional or invalid, such adjudication shall not affect, impair, or invalidate the remaining provisions thereof but shall be confined in its operation to the specific provisions so held unconstitutional or invalid.
§ 18.2-32. First and second degree murder defined; punishment (top)
Murder, other than capital murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction, except as provided in § 18.2-31 , is murder of the first degree, punishable as a Class 2 felony.
All murder other than capital murder and murder in the first degree is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five nor more than forty years.
§ 18.2-32.1. Murder of a pregnant woman; penalty (top)
The willful and deliberate killing of a pregnant woman without premeditation by one who knows that the woman is pregnant and has the intent to cause the involuntary termination of the woman’s pregnancy without a live birth shall be punished by a term of imprisonment of not less than ten years nor more than forty years.
§ 18.2-32.2. Killing a fetus; penalty (top)
A. Any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills the fetus of another is guilty of a Class 2 felony.
B. Any person who unlawfully, willfully, deliberately and maliciously kills the fetus of another is guilty of a felony punishable by confinement in a state correctional facility for not less than five nor more than 40 years.
§ 18.2-33. Felony homicide defined; punishment (top)
The killing of one accidentally, contrary to the intention of the parties, while in the prosecution of some felonious act other than those specified in§§ 18.2-31 and 18.2-32, is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five years nor more than forty years.
§ 18.2-35. How voluntary manslaughter punished (top)
Voluntary manslaughter is punishable as a Class 5 felony.
§ 18.2-36. How involuntary manslaughter punished (top)
Involuntary manslaughter is punishable as a Class 5 felony.
§ 18.2-36.1. Certain conduct punishable as involuntary manslaughter (top)
A. Any person who, as a result of driving under the influence in violation of clause (ii), (iii), or (iv) of § 18.2-266 or any local ordinance substantially similar thereto unintentionally causes the death of another person, shall be guilty of involuntary manslaughter.
B. If, in addition, the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.
C. The provisions of this section shall not preclude prosecution under any other homicide statute. This section shall not preclude any other revocation or suspension required by law. The driver’s license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391.
§ 18.2-36.2. Involuntary manslaughter; operating a watercraft while under the influence; penalties (top)
A. Any person who, as a result of operating a watercraft or motorboat in violation of clause (ii), (iii), or (iv) of subsection B of § 29.1-738 or a similar local ordinance, unintentionally causes the death of another person, is guilty of involuntary manslaughter.
B. If, in addition, the conduct of the defendant was so gross, wanton, and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.
C. The provisions of this section shall not preclude prosecution under any other homicide statute. The court shall order any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth. After five years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in § 29.1-738.5.
§ 18.2-37. How and where homicide prosecuted and punished if death occur without the Commonwealth (top)
If any person be stricken or poisoned in this Commonwealth, and die by reason thereof out of this Commonwealth, the offender shall be as guilty, and shall be prosecuted and punished, as if the death had occurred in the county or corporation in which the stroke or poison was given or administered.
We have Virginia criminal defense attorneys and offices located in Fairfax, Lynchburg, Manassas, Richmond, and Virginia Beach, Virginia but our Virginia lawyers provide legal representation to clients all throughout Virginia.
Our Virginia criminal defense attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with a SRIS, P.C. Virginia criminal lawyer, please call, send an e-mail or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
