Types of Defense

Felony Criminal Defense

Felonies are the most serious of criminal charges that can be levied by the state. Most crimes that fall within this category in Virginia involve serious physical harm or the threat of such harm, though felony offenses can include so-called white collar crimes – such as conspiracy, perjury or money laundering. More common felony charges include drug possession and grand larceny. Any felony conviction carries life-long consequences although it can be possible to have your civil rights restored in many cases.

Misdemeanor Criminal Defense

It’s tempting to think of a misdemeanor charge as nothing really serious but more of an inconvenience. First offenders especially might be prone to just plead guilty to a judge and hope for a sentence of either time served, community service, or a fine.  Why go through the trouble of hiring a good lawyer?  

Think Again.  A guilty plea to a misdemeanor in Virginia can carry a jail sentence of up to 12 months.  Even if the judge does not impose an active jail sentence, a misdemeanor plea results in a criminal conviction, which means you now have a criminal record. A later arrest for the same charge or any other offense is likely to be punished much more severely, and in some circumstances could be handled as a felony. Certain misdemeanors can also interfere with educational, professional or security clearance opportunities. Many can have adverse immigration consequences for non citizens.  Oftentimes these consequences can be avoided or at least mitigated with the assistance of an experienced and qualified criminal defense lawyer. Contact our office at 757-722-4075.

Domestic Violence

Virginia law authorizes police officers to make an arrest without a warrant in domestic violence cases provided that there is probable cause for the alleged crime. This arrest procedure is also available to police officers in stalking and protective order violation crimes.

Allegations of abuse are fairly common in many domestic violence-related matters. This includes spousal abuse, child abuse, and roommate violence. For more information about all of the sections and penalties that fall within the category of domestic violence laws in Virginia, it may be in your best interests to call our attorneys today.

Virginia considers domestic violence a form of assault and battery, but distinguishes it from normal assault and battery by covering charges separately within state code Section 18.2-57.2, which states that any person who commits assault and battery against a member of their own family or household is guilty of a Class 1 misdemeanor.

The major difference between normal assault and battery and domestic violence is how the state handles repeat offenders. While a third assault and battery conviction within 20 years often carries the same penalty as a second, a third domestic violence conviction in 20 years is often charged as a Class 6 felony.

Traffic & DUI Offenses

Traffic infractions and DUI charges can affect the ability of people to get to and from work by taking away their license to drive. The dedicated defense attorneys at Harmonie Law P.C. know how to get results and are passionate advocates for their clients. Contact them today at 757-722-4075 to schedule a consultation.

Penalties for Traffic Violations and the Virginia DMV Point System

The penalty for traffic infractions that are not misdemeanors or felonies is usually the payment of a fine. Most traffic tickets can be disposed of by sending the fine to the court without ever actually appearing in front of a judge. The reason motorists should consult with knowledgeable defense lawyers before pleading guilty is the effect of the point system administered by the department of motor vehicles.

The Virginia point system is more complex than systems in other states. The essence of the system is that it imposes points on a motorist’s driving record for each moving violation. Too many points accumulated during a 12-month period could trigger action by the department of motor vehicles. The department can require completion of driver improvement classes. Eighteen points accumulated during a 12-month period result in suspension of a motorist’s license.

The best way to avoid suspensions for too many demerit points is to retain an attorney to fight traffic infractions instead of automatically pleading guilty and paying the fines. One strategy is to negotiate or plea bargain to get the infraction amended to a violation for which points are not assessed.

Virginia DUI Defense

It is a long-held principle of law that an arrest is not a conviction, but Virginia allows a police officer to keep the license of a driver arrested and charged with driving under the influence of alcohol or drugs. This is because the commonwealth automatically suspends the license of motorists arrested for a DUI. Even if the charges are later dismissed or a driver is not convicted after trial, the fact remains that he or she has been forced to be without a license based solely on an arrest.

A motorist with a blood alcohol concentration of 0.08 percent or higher is considered to be driving under the influence. A first offense is a Class 1 misdemeanor punishable by up to 12 months in jail, a fine and loss of driving privileges for one year. A second offense results in the loss of driving privileges for three years, so having competent legal representation when charged with a drug- or alcohol-related driving offense is crucial.