Criminal Arrest Process<\/a> [\/et_pb_text][et_pb_image src=”https:\/\/hamptonroadslawfirm.com\/wp-content\/uploads\/2022\/11\/avvo-rating-final.png” title_text=”avvo-rating-final” _builder_version=”4.19.0″ _module_preset=”default” global_colors_info=”{}”][\/et_pb_image][et_pb_cta title=”We Want To Help You!” button_url=”https:\/\/hamptonroadslawfirm.com\/law-firm-john-w-lee\/” button_text=”View Locations” _builder_version=”4.27.4″ _module_preset=”default” header_font_size=”21px” header_line_height=”1.2em” body_font_size=”16px” body_line_height=”1.4em” background_color=”#0d4a7c” custom_button=”on” button_text_size=”14px” button_text_color=”#0d4a7c” button_bg_color=”#FFFFFF” button_border_width=”0px” button_border_radius=”0px” button_font=”Lato|600||on|||||” custom_padding=”25px|25px|25px|25px|false|false” global_colors_info=”{}”]<\/p>\n Schedule an Appointment at One of Our Two Convenient Hampton Roads Offices Near You!<\/p>\n [\/et_pb_cta][\/et_pb_column][et_pb_column type=”3_4″ specialty_columns=”3″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_row_inner _builder_version=”4.19.0″ _module_preset=”default” global_colors_info=”{}”][et_pb_column_inner saved_specialty_column_type=”3_4″ _builder_version=”4.19.0″ _module_preset=”default” global_colors_info=”{}”][et_pb_text _builder_version=”4.27.4″ link_font=”|700|||on|||#0a4a7c|” link_text_color=”#0a4a7c” background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”]<\/p>\n The shock, anxiety and confusion can be overwhelming when you are arrested for committing a felony. It is important to remember that a criminal charge is not a conviction. Criminal allegations must be proven in court. A felony defense attorney from The Law Offices of John W. Lee, P.C.<\/strong> gives you the best chance to avoid prison, fines and a permanent criminal record associated with a conviction.<\/p>\n Crimes are either misdemeanors or felonies. Misdemeanors in Virginia<\/a> are punishable by up to one year in jail and may include monetary fines. Felonies are more serious criminal offenses, so the penalties associated with a conviction are more severe. As a general rule, a felony is punishable by a year or more in state prison. Fines associated with felony convictions are usually higher than for a misdemeanor.<\/p>\n Crimes such as theft, can be either misdemeanors or felonies depending upon the facts. For instance, removing property from a desk while the owner is at lunch could lead to misdemeanor petit larceny charges if the value of the stolen property is less than $200. However if the same property was taken out of the owner\u2019s hand, the criminal charge could be felony robbery.<\/p>\n A criminal defense attorney for a robbery charge in Virginia might attack the evidence to get the charges reduced from a felony. Criminal defense lawyers make it a point to review felony charges to make certain their clients have not been charged in a higher classification than is justified by the facts of the case.<\/p>\n Virginia has six classes of felonies based upon the seriousness of the prohibited conduct.\u00a0 A judge may impose sentences using guidelines for each class as defined by Virginia law. Examples of felony crimes and punishment for each of these classes is as follows:<\/p>\n Drug possession and distribution arrests by law enforcement agencies in Hampton Roads, Virginia can result in felony charges. Our criminal defense lawyers plan defense strategies based on the facts of each case. \u00a0When evidence is weak, reduction of charges or dismissal of charges can occur.<\/p>\n Virginia lists drugs in schedules according to the potential for abuse and its medical value. For example, Schedule I substances, such as heroin, ecstasy and LSD, have the highest potential for abuse with no recognized medical use. Possession of Schedule I and Schedule II controlled substances usually result in Class 5 felony charges, but the quantity of the substance can affect the charges.<\/p>\n If you have 100 grams of heroin in your possession, police could charge you with possession with intent to sell or distribute. Instead of a Class 5 felony punishable by up to 10 years in prison and a $2,500 fine, you could be charged with an unclassified felony under Va. Code \u00a718.2-248(c)(1) and sentenced to pay a $1 million fine and imprisoned for five years to life.<\/p>\n Defense of Drug Charges in Virginia<\/strong><\/p>\n Our felony drug lawyers believe an aggressive defense is your best weapon against serious drug charges. An effective defense strategy could lead to a dismissal of the charges, or it could force prosecutors to offer a reduction in the charges and the penalties. Defenses we pursue on your behalf include:<\/p>\n If you are arrested for murder, robbery or another felony offense, your attorney will be at your side any time you appear in court. \u00a0If you are charged with committing a crime, prosecutors file paperwork with the court charging you with a particular offense.<\/p>\n Preliminary Hearing<\/strong><\/p>\n You cannot be forced to answer to a felony charge unless there has been an indictment handed down by a Grand\u00a0Jury. A preliminary hearing is held in General District Court to decide if your case should be sent to a Grand Jury. Sufficient evidence must exist to establish probable cause that you committed the crime.\u00a0\u00a0Your attorney may cross-examine witnesses and present evidence in your defense.\u00a0 If the judge decides their is enough evidence, he will certify the case to the Circuit Court where a Grand Jury will review the evidence.<\/p>\n Grand Jury<\/strong><\/p>\n The grand jury hears evidence presented by prosecutors. An indictment will only be issued if the grand jurors believe a crime has been committed. An indictment is the formal charge against you and moves the case to Circuit Court where your criminal defense attorney will appear with you to enter a plea to the indictment. The attorney representing you can use the time between a preliminary hearing and grand jury action to discuss the charges with prosecutors. Depending on the facts and circumstances, these early discussions could result in a favorable disposition of the charges.<\/p>\n
Virginia Expungement Laws<\/a>
Assault and Battery<\/a>
Drug Charges<\/a>
Computer Crimes<\/a>
Juvenile Charges<\/a>
Sex Crimes<\/a>
Probation Violation<\/a>
Robbery and Theft<\/a>
Felony Crimes<\/a>
Misdemeanor Crimes<\/a>
Gun Rights Restoration<\/a>
Media Center<\/a><\/p>\n![\"felony](\"https:\/\/hamptonroadslawfirm.com\/wp-content\/uploads\/2014\/10\/felony-defense-attorney-chesapeake.jpg\")
Virginia Felony Criminal Defense<\/h2>\nWhat Is a Felony?<\/h2>\n
Examples of Felony\u00a0Charges in Virginia<\/h3>\n
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Felony Crimes in Virginia and Possible Penalties<\/h2>\n
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Felony Drug Lawyers<\/h2>\n
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Felony Defense Attorney<\/h2>\n
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Virginia Felony Criminal Defense<\/h2>