Virginia Criminal Defense Lawyers

When facing a criminal arrest, you risk losing your freedom while your future hangs in the balance. Having a knowledgeable criminal defense team on your side is imperative during this time.

Our law firm can play an important part in the criminal defense process by helping you understand your legal rights, including the right to remain silent and the right to an attorney. We understand the different circumstances that may have brought you to the criminal court system. You are innocent until proven guilty.

At Parks Zeigler, PLLC, our Virginia criminal defense lawyers will work with you to minimize your penalties and fines and reduce the risk of incarceration.

Why Choose Parks Zeigler, PLLC, as Your Criminal Defense Attorney in Virginia

Clients in our Hampton Roads, Virginia communities know they can count on Parks Zeigler, PLLC, to provide attentive and personalized legal services. Our criminal defense attorneys will meet with you to understand your side of the story and discuss your legal options.

When you work with our attorneys, you can expect to receive ongoing, timely, and open communication. With our technology-driven approach, we can deliver efficient communication and reduce costs.

Facing criminal charges can be a frightening time, especially when you are uncertain about what will happen next. Whether you made a mistake or were wrongly accused, our attorneys work diligently on your behalf as we customize a defense strategy for your criminal case. We have extensive experience in all types of misdemeanor and felony offenses in Virginia.

Testimonials

“Parks Zeigler, but specifically Jason Barlow and his staff were paramount in helping us defend ourselves in a felony case and securing the best result we could have hoped for. Their services came highly recommended from the local populace as we were not native to the area, and their countless success upon further reading is what secured my selection of their talents. Thanks to their efforts my family are now able to get our lives back on track without the shadow of a baseless felony charge hanging over us. An honorable mention goes out to Christina Whitmore, his secretary for being prompt, forthcoming and extremely helpful with every request given.” — Raymond C.

“Needs MORE than 5 stars! Kellam Parks and his team shepherded me through a complicated process involving identity theft, and a false unemployment claim with the state. Thorough, professional, personable. My situation is resolved, outcome in my favor. Thanks Parks/Zeigler! Pretty sure I owe somebody a dinner…” — Rick R.

Jason A. Barlow

Attorney

Jason A. Barlow was raised in the Great Bridge area of Chesapeake and attended Great Bridge High School. After graduation, he went to Old Dominion University, getting a bachelor’s degree…

Contact Jason A. Barlow

Aaron M. Pomeranz

Attorney

Aaron Pomeranz is a long-time resident of Hampton Roads and attended Kempsville High School where he played catcher for the Chiefs. He attended William and Mary, continued to play baseball…

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How Can a Virginia Criminal Defense Attorney Help You With Your Charges?

Anyone facing criminal charges in Virginia should immediately contact a skilled attorney with experience in the type of allegation they are facing.

If you are arrested or being investigated for a crime, an attorney will be your strongest ally and advocate. One of the most effective methods of protecting your rights in a criminal case is to have legal representation by your side as soon as possible.

A Virginia criminal defense lawyer can assist in multiple phases of your case.

Explain Your Rights and Charges

A Virginia criminal defense attorney can explain a client’s rights and charges in detail. They confirm:

• The client understands the nature of the charges
• All potential penalties are explained in plain language
• Client understands the entire legal process from investigation to trial

This clarity helps clients make informed decisions about their case and prepares them for what to expect throughout the proceedings.

Provide Experienced Legal Advice

An attorney provides experienced legal advice tailored to the client’s specific situation. They do so by:

• Analyzing the case
• Identifying potential weaknesses in the prosecution’s evidence
• Offering legal guidance on a course of action

Legal advice is crucial to help clients navigate the complexities of the legal system and make strategic decisions about their defense.

Build a Strong Defense

A skilled attorney builds a strong defense by thoroughly examining the evidence against the client. They may challenge the admissibility of certain evidence, interview witnesses, and gather additional evidence that supports the client’s case. This meticulous approach helps to create a robust defense strategy that can effectively counter the prosecution’s arguments.

Negotiate Plea Bargains

Criminal defense attorneys are skilled in the art of negotiation. This skill can be very valuable in a criminal case because the attorney can negotiate a plea bargain with the prosecutor to potentially reduce charges or penalties.

They assess individual cases to determine whether accepting a plea deal is in the client’s interest, considering factors such as the strength of the prosecution’s case and the client’s circumstances. Effective negotiation can lead to more favorable outcomes, such as reduced sentences or fewer charges.

Trial Representation

In cases that proceed to trial, the attorney provides vigorous representation in court by:

• Presenting a defense
• Cross-examining witnesses
• Arguing against the prosecution’s evidence

A lawyer intends to convince the judge or jury that the client is innocent or to lessen the punishment.

Post-Conviction Support

Even after a conviction, the attorney continues to support the client. They can assist with appeals, seeking to overturn or reduce the sentence based on legal errors or new evidence. Additionally, they may help with expungements or record sealing, which can minimize the long-term impact of a conviction on the client’s life and future opportunities.

Our Law Firm Handles Various Types of Criminal Law Cases

The skilled criminal defense lawyers at Parks Zeigler, PLLC, have the experience and knowledge to handle various criminal case types, including but not limited to the following types of cases:

• Assault
• Domestic violence
• Drug crimes
• DUI charges/DWI charges
• Gun charges
• License-suspension
• Sexual assault
• Reckless driving
• Theft
• Traffic violations

Criminal Defense Attorneys Helping With Felonies and Misdemeanors in Virginia

Criminal charges are divided broadly into felonies and misdemeanors. These categories have different ranges of penalties, which can include jail time and fines, depending on the severity of the alleged crime. Serious crimes are classified as felonies, while minor offenses are classified as misdemeanors.

Regardless of whether one is guilty of a felony or misdemeanor, criminal convictions of any kind can follow you for the rest of your life, making it difficult to obtain housing, loans, and employment. If you are falsely accused of a crime in Virginia, you require the assistance of an experienced criminal defense attorney. Avoid the mistake of not taking any level of criminal charges seriously.

Felony

As mentioned above, a felony is a serious crime typically punishable by at least one year in prison.

Felony Punishment Ranges

A felony conviction can drastically impact a person’s life due to higher monetary fines and lengthier prison sentences. Felonies are classified into the following categories:

• Class 1: Life in prison and a fine up to $100,000.
• Class 2: 20 years to life in prison and a fine up to $100,000.
• Class 3: 5 to 20 years in prison and a fine up to $100,000.
• Class 4: 2 to 10 years in prison and a fine up to $100,000.
• Class 5: 1 to 10 years in prison (or up to 12 months in jail) and a fine up to $2,500.
• Class 6: 1 to 5 years in prison (or up to 12 months in jail) and a fine up to $2,500.

Misdemeanors

Misdemeanors are considered lesser crimes than felonies. However, just because a criminal offense is classified as a misdemeanor does not mean that a conviction is without serious consequences. A conviction for a misdemeanor can result in jail time, fines, and community service requirements.

Misdemeanor Punishment Ranges

Misdemeanor sentences, while not as severe as felony sentences, can be costly and involve jail time:

• Class 1: Jail for up to one year and/or a fine up to $2,500.
• Class 2: Jail for up to six months and/or a fine up to $1,000.
• Class 3: Fine up to $500.
• Class 4: Fine up to $250.

Drug Crimes

Virginia drug laws carry very stiff penalties. Many offenses have mandatory minimum sentences, and to make matters even more serious, the state does not allow parole.

Most drug charges fall into one of two categories: simple possession and distribution/possession with intent to distribute.

Drug Possession

Simple drug possession is generally defined as possession of a controlled substance in an amount sufficient for personal use, but not so large a quantity as to evidence an intent to sell/distribute. The penalties for charges of drug possession vary based on (1) the amount of the drug found in your possession and (2) the type of drug. Controlled substances are divided into “schedules” according to the type of substance.

Drug Distribution

Whether someone is charged with simple possession or possession with intent to distribute depends on a few factors. The amount of the controlled substance in the person’s possession is perhaps the most important factor. Other factors include:

• Whether the substance was packaged in a distributable form
• Whether the person was also found with drug paraphernalia, such as a pipe or a needle (suggesting possession for personal use)
• Whether the person had scales or empty, unused packages
• Whether, in the case of possession of a pharmaceutical drug, the drug was in a pharmacy pill bottle
• Whether the person also had firearms or other weapons, and whether the person had large amounts of cash

This evidence is circumstantial but can make a huge difference in how the person is charged and potentially punished if convicted.

Punishment for Drug Offenses

Possession with intent to distribute is a felony. Possession of a Schedule I or II substance in a quantity sufficient for distribution can be punished by imprisonment for up to 40 years, plus a hefty fine.

For a second offense, a conviction for possession with intent to distribute can be punished with a mandatory minimum of three years in prison and up to life in prison, plus a fine. A third offense carries a mandatory minimum prison sentence of ten years and can carry a life-in-prison sentence, in addition to a fine.

If you or a loved one is accused of a drug crime, you want to secure experienced legal representation as soon as possible. Working with a Virginia criminal defense lawyer early in the process may help protect your rights and improve your chances of reduced or dismissed charges. This is very difficult to accomplish on one’s own.

Burglary or Theft

Non-violent theft crimes where property is taken without the owner’s permission are generally classified as larceny in Virginia. These offenses are typically charged based on the value of the property and any prior convictions.

Larceny may be charged as a misdemeanor or felony:

• Petit larceny involves stolen goods or services valued under $1,000 and is a Class 1 misdemeanor.
• Grand larceny involves property valued at $1,000 or more or the theft of a firearm. The crime is charged as a felony, with penalties that may include up to 20 years in prison.

Larceny and theft-related charges include:

• Shoplifting
• Forgery
• Writing bad checks
• Petty larceny
• Grand larceny
• Auto theft
• Unauthorized use of a vehicle
• Credit card fraud
• Theft of services
• Receiving stolen property

A criminal defense attorney in Virginia can help you understand your options and protect your rights. The knowledgeable attorneys at Parks Zeigler, PLLC, have experience in handling theft-related cases. Call our law office at 888-691-9319 to schedule an initial consultation about your case.

Domestic Violence

Assault and battery in the context of a family have different punishment ranges and court procedures. Whether it is classified as a criminal offense or a family court matter will depend on the relationship of the people involved.

What Counts as Domestic Violence in Virginia?

Virginia defines domestic violence as the occurrence of one or more specific acts committed by a current or former family or household member. This can include:

• Threats or attempts to cause or causing harm to another person through physical violence, severe emotional distress, psychological trauma, rape, or sexual assault
• Engaging in acts and behaviors that put a person in “reasonable fear” of being subject to bodily injury or physical harm
• Attempting to or causing damage to property with the intent to intimidate or control the behavior of someone else

Who Qualifies as a Household or Family Member in Virginia?

Domestic assault and battery includes assault and battery between family members or people with specifically defined relationships, whether or not they live together.

• Spouses or former spouses
• Parents/stepparents
• Children/stepchildren
• Siblings/half-siblings
• Grandparents
• Grandchildren
• Individuals who share a child, even if not married

In other types of relationships, domestic violence can include the following types of relationships if the involved parties share the same domicile:

• Unmarried couples
• In-laws
• People who currently cohabit or have cohabited within the past twelve months

Unlike most criminal charges, not all of these types of cases are handled in district court. Instead, they are adjudicated in the Juvenile and Domestic Relations Court.

Procedures for Domestic Violence

A domestic assault normally results in an emergency restraining order being issued. This protective order lasts up to 72 hours. During those 72 hours, the accused person may not enter the victim’s home or, by any means, contact the victim or anyone else living in that home.

Thereafter, the alleged victim may petition for a preliminary protective order, which could be effective for another fifteen days, and a permanent protective order up to two years. These types of proceedings should not be taken lightly, as violating these orders is a crime and, if guilty, requires active jail time.

Virginia takes domestic violence seriously, and the accused could face several charges, ranging from a misdemeanor to a felony.

Assault and Battery

The words “assault” and “battery” are often used interchangeably in colloquial conversation, but they refer to two different acts. Virginia takes violent crimes of any nature seriously.

Assault is defined by Virginia law as an attempt or offer, with force or violence, to do bodily harm to another person. Battery is defined as any non-consensual or unwanted, intentional touching. Types of charges may include:

• Simple assault: These are acts that cause “reasonable” fear of imminent harm or offensive contact. Physical contact is not required for it to be considered a crime.
• Assault and battery: These are acts involving actual physical contact that cause harm or are offensive. These acts can involve direct contact, such as punching, pushing, or kicking, or they can include throwing an item at another person.
• Aggravated assault: This involves acts where one person intends to inflict severe harm on another person or cause their death. These charges are often given in situations where the accused used a weapon, drug, or other means to harm. It can also include intent to inflict disease through bites or scratches.

In many cases, both assault and battery are classified as Class 1 misdemeanors. However, charges may be elevated to felonies depending on the circumstances, such as the identity of the alleged victim or use of a weapon.

Sex Crimes

Sex crimes in Virginia encompass a broad spectrum of offenses, each with distinct legal definitions and severe penalties. These include:

• Rape: Defined as sexual intercourse against a person’s will or when the victim is mentally incapacitated. This crime carries a punishment ranging from five years to life imprisonment.
• Forcible sodomy: This crime is punishable by a potential life sentence.
• Object sexual penetration: This offense is also punishable by potential life imprisonment.
• Aggravated sexual battery (felony): This crime is punishable by one to twenty years in prison.
• Sexual battery (misdemeanor): Involving unwanted sexual contact, this offense is punishable by up to twelve months in prison.
• Crimes against children: Virginia treats offenses targeting children with the utmost seriousness. Acts such as carnal knowledge of a child between thirteen and fifteen years old are classified as a Class 4 felony, while intercourse with a child under thirteen is considered rape and, for offenders over eighteen, may lead to a mandatory life sentence.

Convictions for these crimes often require registration on the Virginia Sex Offender Registry, which can have lasting impacts on employment, housing, and social relationships.

Given the severity of sex offenses, seeking legal representation from a Virginia criminal defense attorney is crucial for managing the complicated legal process and building a strong defense.

Gun Offenses

Gun offenses in Virginia carry significant penalties, and many involve mandatory minimum sentences under state law.

• Carrying a concealed weapon is a Class 1 misdemeanor for a first offense, punishable by up to twelve months in jail and a fine of up to $2,500. It escalates to a Class 6 felony for a second offense and a Class 5 felony for a third.
• Discharging a firearm in a public place is generally a Class 1 misdemeanor, but becomes a Class 6 felony if someone is injured.
• Brandishing a firearm is typically a Class 1 misdemeanor, though it becomes a Class 6 felony if it occurs on school property.
• Possession of a firearm by a felon is a Class 6 felony, punishable by up to five years in prison and a fine of up to $2,500.

Virginia has over 30 gun-related offenses, many of which are felonies with mandatory minimum sentences. Because gun charges often carry mandatory penalties, working with a criminal defense attorney is critical.

Felony or Misdemeanor?

Importantly, the classification of a crime as a misdemeanor or a felony often depends on its severity. For example, one type of assault may be considered a misdemeanor, while another may be considered a felony. This may also be the case with larceny and drug-related charges.

It is for this reason, among many others, that hiring an experienced criminal defense lawyer in Virginia with deep knowledge of state and federal laws is so important. It can make the difference between probation and jail time.

Jail vs. Prison Time in Virginia

Despite often being used interchangeably, there is a difference between jail time and prison time in Virginia. The distinction between jail and prison time is primarily based on the length of the sentence and the severity of the offense.

Jails handle short-term detention and are typically reserved for misdemeanor convictions. Individuals are held at a county-run facility for no more than twelve months and are supervised by local law enforcement.

Prisons manage long-term incarceration for most felony crimes for sentences of more than one year of imprisonment and are run by the Virginia Department of Corrections. Prisons usually involve much higher levels of security, and the population comprises people who have committed serious crimes.

Frequently Asked Questions

What Do I Look for When Choosing a Criminal Defense Attorney in Virginia?

When choosing a criminal defense attorney in Virginia, prioritize attributes like experience in Virginia criminal law, local knowledge, strong communication, and comfort with the attorney.

When Should I Hire a Criminal Defense Attorney?

You should hire a Virginia criminal lawyer as soon as you’re arrested or learn you’re being investigated. Early legal representation can put you in a more favorable position to help preserve evidence and prepare a strong defense.

What Should I Do if I Am Arrested in Virginia?

If arrested in Virginia, you should remain silent, request an attorney, and provide only your name and address to the police. Do not make any statements or sign anything without legal counsel present.

What Are My Rights if I Am Arrested?

You have the right to remain silent, the right to an attorney, and protection against unlawful searches and seizures. However, police only have to inform you of your Miranda rights if you’re in custody and they plan to question you. If you’re arrested but not asked any questions, they don’t have to read you these rights.

Can I Represent Myself in Court?

Yes, you can represent yourself in a Virginia court, but we do not recommend this due to the high risk involved. Criminal cases tend to be complex and, without intimate knowledge and experience of the law, could lead to an unfavorable result and higher penalties, including longer periods of imprisonment and higher fines.

What is a Plea Bargain?

A plea bargain is an agreement between the defendant and the prosecutor where the defendant pleads guilty to lesser charges or receives reduced penalties. Attorneys often negotiate these deals to avoid a trial. Judges often favor these deals because they free up busy court calendars.

Can My Case Be Dismissed Before Trial?

In some cases, a Virginia criminal case can be dismissed before a trial date takes place. Scenarios where such an event might occur include insufficient evidence, lack of probable cause, procedural errors, or violations of rights.

What Happens During a Virginia Criminal Trial?

After a preliminary hearing and arraignment take place, a criminal trial is the next step in a Virginia criminal case. The process typically involves selecting a jury, giving opening statements, hearing witness testimony, and conducting cross-examination. Additional procedures include evidence presentation, closing arguments, jury instructions, and jury deliberation. Once a verdict is reached, sentencing may follow.

How Does the Criminal Justice System Work in Virginia?

In Virginia’s criminal justice system, the sequence of events following an arrest includes an initial appearance, a preliminary hearing, and an arraignment. The next step is a trial, where the defendant’s guilt or innocence is determined. If convicted, sentencing follows, with options for appeal.

Does the Value of the Stolen Property Affect the Severity of the Charge in Virginia?

Yes, the value of stolen property significantly impacts the severity of a criminal charge in Virginia. Theft of goods valued at $1,000 or more results in a felony charge (grand larceny), while theft of goods valued under $1,000 is a misdemeanor (petit larceny).

How Can a Criminal Defense Attorney Help in a Burglary Case?

A criminal defense attorney can help in a burglary case by challenging evidence, establishing a credible alibi, negotiating plea agreements, demonstrating a lack of intent, arguing for reduced charges, or building a defense based on lack of intent or mistaken identity.

What is the Difference Between Shoplifting and Petit Theft?

In Virginia, shoplifting is a crime where a person is accused of taking merchandise from a store without paying. If the value of the goods allegedly taken without paying is less than $1,000, the offense is petit larceny (a misdemeanor), but if the value of the goods is $1,000 or more, this is grand larceny (a felony).

Let Our Experienced Virginia Criminal Defense Attorneys Fight for You

If you or a family member is facing a criminal charge, work with a Virginia criminal defense lawyer. Our attorneys can lend their knowledge of the criminal justice system and leverage their experience in negotiating plea bargains or arguing dismissals. We are also trial lawyers who can effectively navigate your case in court.

Parks Zeigler, PLLC, offers years of experience and will use all our resources to defend your case. Call 888-691-9319 or fill out our online contact form to schedule a case consultation. A Virginia criminal defense lawyer is ready to help.