Criminal Law & Criminal Defense

Our firm has four lawyers who focus on criminal matters - William R. Stephens, Robert M. Cooper, Robert P. Coleman and C. Shawn Allen. (Mr. Stephens is a former prosecutor in Prince William County, Virginia.) We are a full service law firm and handle cases at all levels of criminality from arrest to expungement.

In Virginia, there are two different classifications of crimes, misdemeanors and felonies.

Misdemeanors are defined as crimes with a maximum sentence of no more than one year in jail, a fine, or both. Misdemeanors are divided into four classes (I, II, III, and IV). A Class I misdemeanor is the most prevalent and most serious. Examples of misdemeanors include possession of marijuana, petit larceny (shop lifting), assault and battery, and misdemeanor bad check. Also, several serious traffic offenses (DUI, driving on suspended license, reckless driving, etc.) are misdemeanor offenses.

Felonies are defined as criminal offenses with maximum penalties greater than one year in prison. Felony charges include murder, malicious wounding, and armed robbery, as well as grand larceny, possession of cocaine or heroin, and other serious charges.

Our Services Include:

Coordination of bail/bond hearings
Arraignment
Plea bargain and plea negotiation with Commonwealth Attorneys and District Attorneys
Bench trials (trials by Judge)
Trials by Jury
Dismissal/Accord and Satisfaction
Expungement

Drug Possession & Distribution

Virginia drug laws require the Commonwealth to prove many facts in order to convict you of drug possession (marijuana possession) or distribution. At SBPC, PC, we know how to argue that the prosecutor can’t prove your case on the merits, so that we can do our best to help you avoid heavy fines, long-term probation and drug testing or jail sentences.

Theft—Grand Larceny & Petit Larceny

Virginia makes several distinctions between grand larceny and petit larceny:

The value of the item in question
The nature of the item in question
How the item allegedly was taken
Who was present during the alleged theft

Full-Service Criminal Defense:

Assault & battery
Domestic violence/Domestic Assault and Battery
Weapons charges (Guns)
Disorderly Conduct charges
Underage Possession of Alcohol
White collar crimes (Embezzlement; Fraud; Forgery; Uttering)
Juvenile law matters (Traffic; CHINS; juvenile criminal)

Traffic Violations in Virginia

Although many traffic offenses may not carry the same stigma and penalties as other, more serious crimes, even the lower-level offenses can result in significant fines (up to $2,500.00 in some cases), loss of driving privileges (from 12 months to an indefinite suspension), and increased insurance rates. And the more serious offenses, or even some less serious violations (Driving on Suspended; Speeding; Reckless Driving) can result in imprisonment. Therefore, traffic charges should not be taken lightly. Consult one of our experienced attorneys today who can explain the possible consequences of your particular violation and help you increase the chances of successfully resolving your ticket.

Misdemeanor and Felony Traffic Offenses

Some traffic offenses are more serious than others and can result in penalties as serious as imprisonment. While a traffic infraction might be a minor matter if no one is hurt, the same incident can be a misdemeanor or felony if someone is hurt or killed or if there is serious property damage. Some specific traffic offenses, however, are considered serious violations on their own, such as drunk driving or operating a vehicle without a license. A person charged with a traffic-related crime should treat his or her situation seriously and contact an attorney who can help to protect his or her legal rights.

Frequently Asked Questions about traffic Violations:

Q: How does a traffic offense affect my Driving Record?

A: Many states (including Virginia) utilize a point system to monitor the driving records of their citizens. Under a point system, traffic violations are assigned point values and the driving privileges of individuals who accumulate a certain number of points in a specified time period will be suspended or revoked. Points also can lead to increased auto insurance rates. Contact an attorney at SBCC, PC experienced in handling traffic violations to learn more about the point values assigned to traffic violations and what impact they may have on your driving future.

Q: I am charged with Reckless Driving, will I lose my License?

A: In Virginia, a Court may suspended or revoke your Driving Privileges.
Depending on the particular traffic offense on which the suspension or revocation will be based or both, the decision to suspend or revoke a driver's license may be mandatory or within the discretion of the Court or Department of Motor Vehicles (DMV). In all states, driver's license revocation or suspension can have a serious impact on one's life and should not be taken lightly. Contact our firm to schedule an appointment with an attorney who can explain the laws and regulations governing license revocation or suspension in Virginia.

Q: I have been charged with DUI (Driving Under the Influence), what am I facing?

A: If your blood alcohol level (BAC) is .08 or more, you will be charged with driving under the influence (DUI). If you are arrested for the first time with drunk driving with a BAC of .15 to .20, you will get a mandatory jail sentence of 5 days. If your BAC is higher than .20, you will be in jail for 10 mandatory days.
Virginia DUI laws are becoming more severe every year. If you have had a few too many to drink, you should not drive. Upon conviction of drunk driving in Virginia, you will likely be sentenced to a driver safety program (known as VASAP—Virginia Alcohol Safety Awareness Program), and will face significant fines (up to $2,500.00), jail time, and short-term suspension or revocation of your drivers license. Consult one of our experienced attorneys today to discuss the merits of your case, possible defenses, and potential outcomes.