Fredericksburg Misdemeanor Attorney

How a Misdemeanor Conviction Can Affect Your Future

If you or a loved one is facing misdemeanor charges, it is important to remember that this is a serious legal matter and should not be taken lightly. Although less severe than felony charges, a conviction can still carry serious consequences that can impact your future in various ways.

At Butler, O’Neal, & O’Neal, we understand the challenges that come with facing criminal charges and are prepared to fight for your rights. Our Fredericksburg misdemeanor attorneys have extensive experience handling these types of cases and are ready to put our skills to work for you. 

For qualified legal representation from our Fredericksburg misdemeanor attorney, call our team at (540) 306-5780 or contact us online today.

What Is a Misdemeanor?

In Virginia, crimes are divided into two categories: felonies and misdemeanors. Felonies are the more serious of the two, while misdemeanors are less severe. However, this does not mean that a misdemeanor conviction cannot have a significant impact on your life.

Some common types of misdemeanor crimes include:

• Petty theft
• Driving under the influence (DUI)
• Public intoxication
• Simple assault
• Trespassing
• Reckless driving
• Disorderly conduct

It is important to remember that crimes can be charged as either a misdemeanor or a felony depending on the circumstances. For example, a DUI can be a misdemeanor if it is a first-time offense and no one is injured. However, if it is a subsequent offense or if someone was killed or seriously injured, it can be charged as a felony.

Some crimes are only charged as a misdemeanor in Virginia, such as:

• Carrying a concealed weapon
• Reckless driving
• Driving on a suspended license
• Assault and battery

What Are the Penalties for a Misdemeanor in Virginia?

In Virginia, misdemeanors are broken down into four classes: Class 1, Class 2, Class 3, and Class 4. The maximum penalties for each class are as follows:

• Class 1: Up to 12 months in jail and/or a fine of up to $2,500
• Class 2: Up to six months in jail and/or a fine of up to $1,000
• Class 3: Fine of up to $500
• Class 4: Fine of up to $250

While many misdemeanor convictions do not result in jail time, this is still a possibility, especially for more serious crimes. In addition, the conviction will become part of your permanent criminal record, which can have a lasting impact on your life.

How Long Does a Misdemeanor Stay on Your Record in Virginia?

In Virginia, a misdemeanor conviction will generally remain on your record indefinitely. However, you may be able to have the conviction expunged.

Under Virginia law, you may be eligible to expunge a misdemeanor conviction if:

• You were acquitted of the charge
• The charge was dismissed
• You were granted an absolute pardon
• You were a first-time offender who was convicted of certain drug or underage alcohol offenses

Expunging a conviction can be a complicated process, and it is important to have an experienced attorney on your side to help you through it. Our team at Butler, O’Neal, & O’Neal is here to provide the guidance and support you need.

How Long Do Misdemeanors Stay on Background Checks?

Because a conviction will remain on your permanent criminal record, it can show up on background checks conducted by employers, landlords, and others. This can make it difficult to find a job or a place to live. In some cases, you may be able to have your record expunged or sealed, which can help prevent the conviction from showing up on background checks.

Some common employers who run background checks include:

• Government agencies
• Healthcare providers
• Public and private schools
• Financial institutions
• Transportation companies
• Law enforcement agencies

It is important to note that some employers may still be able to see an expunged or sealed conviction if you are applying for a job that requires a high level of security clearance.

What Is the Difference Between a Felony and a Misdemeanor in Virginia?

The main difference between a felony and a misdemeanor in Virginia is the severity of the crime and the potential penalties. A felony is the more serious of the two and can result in harsher penalties, including longer jail or prison sentences and higher fines. In addition, a felony conviction can result in the loss of certain rights, such as the right to vote and the right to own a firearm. However, a misdemeanor conviction should still be taken seriously, as it can have a significant impact on your life.

Some examples of the differences between a felony and a misdemeanor in Virginia include:

• A misdemeanor is punishable by up to 12 months in jail, while a felony is punishable by more than 12 months in prison
• A misdemeanor conviction will generally remain on your record permanently, while a felony conviction can be expunged after a certain period of time
• A misdemeanor conviction may not result in the loss of certain rights, such as the right to vote or the right to own a firearm, while a felony conviction can

What Is the Statute of Limitations on a Misdemeanor in Virginia?

The statute of limitations is the time limit for bringing criminal charges. In Virginia, the statute of limitations for most misdemeanors is one year. This means that the prosecution has one year from the date the crime was committed to bring charges against the alleged offender.

However, there are some exceptions to this rule. For example, there is no statute of limitations for certain misdemeanor sex offenses involving minors. In addition, the statute of limitations is five years for certain misdemeanor larceny offenses, such as shoplifting.

It is important to note that the statute of limitations does not apply if the alleged offender is out of the state or has fled the state. In these cases, the clock on the statute of limitations does not start running until the person returns to the state.

What Can a Misdemeanor Lawyer Do for You?

If you have been charged with a misdemeanor, you may be wondering whether it is worth it to hire a lawyer. While you are not required to have legal representation for a misdemeanor charge, it is generally in your best interest to have a lawyer on your side.

A qualified misdemeanor attorney can:

• Review the evidence against you and determine whether it was obtained legally
• Identify any weaknesses in the prosecution’s case and develop an effective defense strategy
• Negotiate with the prosecution to have the charges reduced or dismissed
• Represent you in court and protect your rights throughout the legal process
• Explain the potential consequences of a conviction and help you understand your options
• Provide the support and guidance you need during this difficult time

At Butler, O’Neal, & O’Neal, we understand what is at stake when you are facing misdemeanor charges and are committed to providing the aggressive legal representation you need. Our misdemeanor attorneys in Fredericksburg can help you navigate the legal process and fight for the best possible outcome in your case.

For qualified legal representation from our Fredericksburg misdemeanor attorney, call our team at (540) 306-5780 or contact us online today.