Fredericksburg Misdemeanor Attorney

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. 

Facing misdemeanor charges? Contact us today at (540) 306-5780 for experienced legal representation in Fredericksburg.

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.

How to Defend Against Misdemeanor Charges

Facing misdemeanor charges can be a stressful experience, but there are various defense strategies that may help reduce or even dismiss the charges. Some common defense strategies include:

• Mistaken Identity: If the defendant can prove that they were wrongly identified as the perpetrator of the crime, the charges may be dropped or reduced.
• Lack of Evidence: If the prosecution fails to provide sufficient evidence to prove the defendant's guilt beyond a reasonable doubt, the case may be dismissed.
• Self-Defense: In cases involving physical altercations, a defendant may argue they acted in self-defense to protect themselves from harm.
• Unlawful Search and Seizure: If law enforcement conducted an illegal search or seizure without a valid warrant or probable cause, evidence obtained in violation of the defendant's rights may be inadmissible in court.
• Alibi: If the defendant can provide evidence that they were elsewhere at the time the crime occurred, they may have a valid defense.

Each case is unique, and a skilled attorney can help determine the best defense strategy based on the specific circumstances.

What Happens in a Misdemeanor Trial

A misdemeanor trial typically follows a set sequence of events. Here’s what to expect:

• Pretrial Motions: Before the trial starts, both sides may file motions, such as a motion to dismiss or a motion to suppress evidence. These motions address issues related to the case and may shape how the trial proceeds.
• Jury Selection: In some misdemeanor cases, a jury is selected to determine guilt or innocence. The prosecution and defense each have the opportunity to question potential jurors to ensure an unbiased panel is chosen.
• Opening Statements: Both the prosecution and defense will present opening statements to outline their case and what they intend to prove during the trial.
• Presentation of Evidence: The prosecution presents its evidence and calls witnesses first, followed by the defense’s evidence and witnesses. This is where both sides present their arguments and challenge each other’s claims.
• Closing Arguments: After all the evidence is presented, each side will make their closing arguments, summarizing their case and attempting to persuade the jury to reach a favorable verdict.

Jury Deliberation and Verdict: If there is a jury, they will deliberate to determine guilt or innocence. If the case is decided by a judge, the judge will render the verdict.

How Misdemeanor Charges Affect Immigration Status

For individuals who are not U.S. citizens, a misdemeanor conviction can significantly affect immigration status. Even a seemingly minor misdemeanor charge may have serious consequences, including:

• Deportation: Certain misdemeanor convictions can make a non-citizen subject to deportation, especially if the offense is classified as a crime of moral turpitude or involves drug offenses.
• Difficulty in Obtaining or Renewing Visas: A misdemeanor conviction can negatively impact an individual's ability to obtain a visa or renew their existing visa.
• Permanent Bar from Reentry: In some cases, a misdemeanor conviction can result in being permanently barred from reentering the U.S. after leaving the country.

It is crucial for non-citizens facing misdemeanor charges to seek legal advice from an attorney experienced in both criminal and immigration law. A skilled attorney can help minimize the impact of the charges on immigration status and potentially help avoid deportation or other serious consequences.

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.

FAQs about Misdemeanor Charges in Virginia

Can I represent myself in a misdemeanor case?

• While you have the right to represent yourself in a misdemeanor case, it is not recommended. A skilled criminal defense attorney can help navigate the complexities of the legal process, identify weaknesses in the prosecution's case, and develop a defense strategy that improves your chances of a favorable outcome.

Can a misdemeanor charge be reduced to a lesser offense?

• In some cases, it is possible to negotiate with the prosecution to reduce a misdemeanor charge to a lesser offense. A skilled attorney may be able to argue for a reduction based on the facts of your case, your criminal history, or other relevant factors.

Will a misdemeanor conviction affect my job opportunities?

• Yes, a misdemeanor conviction can impact your job prospects, especially if employers conduct background checks. Certain industries, such as government, law enforcement, healthcare, and education, may be more stringent when hiring individuals with a criminal record. However, an expungement may be possible under certain circumstances, which could help limit the effects on future employment.

Can I appeal a misdemeanor conviction?

• Yes, you have the right to appeal a misdemeanor conviction if you believe there was an error during the trial or if the verdict was unjust. Appeals are typically based on procedural issues, incorrect jury instructions, or misinterpretation of the law. An experienced attorney can evaluate whether an appeal is a viable option.

What happens if I violate the terms of my misdemeanor sentence?

• If you violate the terms of your sentence, such as failing to comply with probation, paying fines, or attending court-ordered counseling, the court may impose additional penalties. These penalties could include extended probation, fines, or even jail time, depending on the severity of the violation.

How long does it take to resolve a misdemeanor case?

• The length of time it takes to resolve a misdemeanor case depends on factors such as the complexity of the case, court scheduling, and the actions of the defense and prosecution. Simple cases may be resolved in a few months, while more complex cases could take longer. Your attorney can provide a more accurate timeline based on your specific case.

Need help with your misdemeanor case? Contact us now at (540) 306-5780 to schedule a consultation with our expert attorneys.