A Compassionate Approach to Your Legal Journey

At Welch & Wright, we understand the overwhelming feelings that come with facing criminal charges. We’re here to guide you through every step of the legal process with wisdom and empathy. Our team believes in honesty, integrity, and providing support that makes a real difference in your life. If you find yourself feeling stressed and unsure of what to do in the aftermath of facing criminal charges, contact a criminal defense attorney in Virginia for a free case evaluation.

Basic Understanding of Criminal Law

Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes threatening, harmful, or otherwise endangering the health, safety, and moral welfare of people. It includes the punishment of people who violate these laws. From DUIs to serious felonies like drug crimes, our practice covers the full spectrum. We’re here to demystify the process for you, offering clear, straightforward advice and robust representation.

Categories of Criminal Offenses in Virginia

Virginia code classifies criminal offenses into two categories:

Misdemeanor Offenses

A misdemeanor offense is a crime that is not as serious as a felony. Virginia has four categories of misdemeanors, with Class 1 being the most serious:

• Class 1 Misdemeanor: Assault, DUI, domestic assault, trespassing, possession of Schedule III and IV drugs, driving with a suspended license, petit larceny, reckless driving. Penalties include up to 12 months in jail and/or a fine of up to $2,500. For driving offenses a suspension of your privilege to drive is also possible.
• Class 2 Misdemeanor: First offense of driving without a valid operator’s license, and other licensing offenses. Penalties include up to six months in jail and/or a fine of up to $1,000.
• Class 3 Misdemeanor: Regulatory and licensing issues, usually involving livestock, forestry, and sales. Penalties include fines of up to $500.
• Class 4 Misdemeanor: Public intoxication and public swearing or profane gestures are the most common Class 4 misdemeanors. Penalties include fines of up to $250.

Some misdemeanors, such as a first offense for possession of marijuana, are unclassified. However, a second offense is a Class 1 misdemeanor.

Felony Offenses

A felony offense is a serious crime. A Class 1 felony is the most serious felony charge. Virginia has six categories of felonies, including:

• Class 1 Felony: Murder, rape, serious financial crimes, and serious cases of assault. Penalties include up to life imprisonment and/or a minimum fine of $100,000.
• Class 2 Felony: Manslaughter and bigamy. Penalties include at least 20 years in prison and/or fines up to $100,000.
• Class 3 Felony: Burglary offenses, sex crimes, and drug possession. Penalties include a minimum of five years up to 20 years in prison and/or fines up to $100,000.
• Class 4 Felony: Certain human trafficking offenses and some serious gun offenses. Penalties include a prison term of at least 2 years up to 10 years and/or fines of up to $100,000.
• Class 5 Felony: Certain sex crimes and drug possession crimes. Penalties include a minimum of one year and up to 10 years of jail time and/or fines up to $2,500.
• Class 6 Felony: Identity theft, credit card theft, tax evasion, and fraud cases. Penalties include a minimum of one year and up to five years in prison and/or fines up to $2,500.

Types of Criminal Law Defense Offered

We offer comprehensive defense strategies across a variety of criminal charges, including but not limited to:

• Drug offenses
• Theft
• Assault
• Domestic violence
• White-collar crimes

Our approach is tailored to your unique situation, leveraging deep legal knowledge and intuitive understanding to defend your rights effectively. We’re committed to providing a defense that reflects your individual needs and goals.

What is the Criminal Procedure Process in Virginia?

If you have been arrested or served a warrant, the criminal procedure process is as follows:

• Arraignment: First appearance hearing. Generally, the court informs the defendant of the right to an attorney and may review bail.
• Plea bargain: Your attorney may be able to get you a plea bargain. You agree to plead guilty or no contest to lesser charges in exchange for a lighter sentence. The court can decline a plea bargain, though most do not.
• Preliminary hearing (felony cases): For felony cases initiated on an arrest warrant. The prosecutor must present probable cause to the court, which then certifies the case to the grand jury if it finds probable cause that supports the charge. The defendant can present evidence, and the attorney can cross-examine the prosecution’s witness.
• Indictment by the prosecutor: In cases where the prosecutor indicts the defendant, there is no preliminary hearing in the district court. The evidence is present to a grand jury that then determines whether there is probable cause that the alleged offense occurred.
• Trial: Held in the district court with a judge if the charge is a misdemeanor. Misdemeanor appeals and felonies are held in circuit court, where you can request a trial by jury instead of a bench trial. The prosecution must present evidence to prove the defendant’s guilt.
• Verdict/Sentencing: Jurors must agree that the evidence proves guilt beyond a reasonable doubt. If just one juror does not agree, it will result in a mistrial on those charges. The defendant can be tried on those charges again. In a bench trial, the judge determines whether the evidence is enough to prove the alleged offense. The court prepares sentencing guidelines for the jury.

How Our Criminal Defense Attorneys in Virginia Can Help Your Case

The experienced criminal lawyers at our law firm can guide the accused through the criminal justice system. We provide:

• Experienced legal guidance
• Personalized approach to your case
• Advocacy of your constitutional rights
• A robust defense strategy
• Facilitation of plea negotiations
• Representation in court
• Guidance through the legal process
• Sentence reduction
• Relief options after conviction
• Familiarity with local courts

Why Choose Welch & Wright, PLLC

When you have been arrested and charged with a crime in the Commonwealth of Virginia, you need experienced Virginia criminal defense lawyers who are caring and compassionate, who can give the proper legal advice, and who are adept at obtaining the best possible outcome for you.

Testimonials

“Nick Wright did an excellent job of managing my case. He provided clear information of what to expect in advance of the court date. He represented me appropriately in court and achieved the desired outcome. Then he sent me a follow-up letter to document the outcome. I greatly appreciated his support. It was worth the cost.” – Mareile K.

“I highly recommend Welch & Wright, PLLC. Thank you Mr. Nick Wright for making this process much easier and for such a favorable outcome. If you need a criminal justice attorney, Mr. Wright is your guy. He was very efficient in answering questions and guiding me throughout the entire process” – Marianny M.

“Nick is an awesome lawyer and is highly recommended!!! I greatly appreciate him for helping me and my son navigate his way through a difficult court situation and we were very fortunate to have him representing my son!!! Thanks Nick!!!” – Michael F.

Meet Our Experienced Virginia Criminal Defense Attorneys

We are dedicated to representing people charged with crimes, including serious crimes such as drug charges, DUI charges, violent crimes, and more. If you have been arrested or accused of a crime, consult the experienced criminal defense attorneys at Welch & Wright, PLLC.

Courtroom-Tested Criminal Defense Attorneys

Facing criminal charges can be daunting, but you don’t have to navigate it alone. Reach out to Welch & Wright today to connect with a team that’s genuinely invested in your case. Let us be your advocates, fighting for a desirable outcome with dedication and compassion. Your journey towards justice starts here. Contact us at 757-707-8803 or fill out our online contact form for a free consultation.