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. The law also establishes sentencing guidelines under § 19.2-295.1 and expungement procedures for certain case outcomes under § 19.2-392.2.
Last verified: March 2026 | Virginia Beach General District Court | Virginia General Assembly
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. This background provides direct insight into how the Commonwealth’s Attorney builds cases in Virginia Beach.
Official Legal Resources
For the full text of Virginia criminal statutes, refer to the official Va. Code Title 18.2 (Virginia General Assembly). For court-specific procedures and forms, visit the Virginia Beach General District Court website.
Virginia Beach Court Process & Insider Insight
Your case will begin at the Virginia Beach General District Court at 2425 Nimmo Parkway. This court handles all misdemeanor trials and felony preliminary hearings. Felony jury trials move to Virginia Beach Circuit Court.
- Arraignment: You will be formally advised of the charges and enter a plea of not guilty, guilty, or no contest.
- Bond Hearing: If incarcerated, a magistrate sets bond. Personal recognizance is common for first-offense misdemeanors.
- Discovery & Motions: Your attorney obtains evidence from the prosecution and may file pre-trial motions to challenge evidence or seek dismissal.
- Plea Negotiation or Trial: Most cases are resolved through negotiation. You have an absolute right to a jury trial in Circuit Court for any jail-eligible offense.
- Sentencing or Disposition: If convicted, the judge imposes sentence based on statutory guidelines and case specifics.
- Appeal or Expungement: You may appeal a conviction. If charges are dismissed, you can petition for expungement under § 19.2-392.2.
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, 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 (under $1,000) (§ 18.2-96) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Restitution required |
| Grand Larceny ($1,000+) (§ 18.2-95) | Felony (Class 6 or 5) | 1-20 years* | Court discretion | None | Felony record, restitution |
| 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 |
*Penalties depend on specific offense classification and prior record. Results may vary.
Bond is set by a magistrate after arrest. For felonies, a secured bond through a bondsman (typically 10% of bond amount) is common. Court-appointed attorney fees range from $120 for misdemeanors to $445+ for felonies, based on income eligibility.
Why Choose Our Virginia Beach Criminal Defense Team
Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your case, founded in 1997. Our team includes a former Virginia State Trooper with 15 years of law enforcement experience, providing unique insight into investigation and evidence. We focus on the Virginia Beach area and surrounding communities.
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
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 combines former prosecutorial insight with former law enforcement perspective to challenge the Commonwealth’s evidence.
Prior results do not aim for a similar outcome. Results may vary.
Criminal Defense Lawyer Near Virginia Beach
Our Richmond location serves clients at the Virginia Beach courts. We represent individuals throughout Virginia Beach, Sandbridge, and Oceana, accessible via I-264 and Route 44. As a criminal defense lawyer near Virginia Beach Oceanfront, we offer 24/7 phone consultations at (888) 437-7747. 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 petit larceny. Cases are heard at Virginia Beach General District Court.
Can criminal charges be expunged in Virginia Beach, Virginia?
Yes, under Va. Code § 19.2-392.2, expungement is available for acquittals, dismissals, and nolle prosequi (dropped charges). Most convictions cannot be expunged. The petition is filed in Virginia Beach Circuit Court after the favorable outcome.
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 (using a bail bondsman) 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 Commonwealth’s Attorney. Even misdemeanors carry jail time and create a permanent record. An attorney protects your rights, negotiates with prosecutors, and can seek dismissals or reduced charges.
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 jail-eligible offense.
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 need assistance with a related matter, consider our Virginia Beach DUI lawyer or Virginia Beach family law lawyer. Learn more about attorney Bryan Block.
Last verified: March 2026. Information is current as of the verification date. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.