If you have been charged with a crime in Virginia, you should contact an experienced criminal defense attorney as soon as possible. A criminal defense attorney can help you avoid the worst consequences of your crime.
Most states establish time limits, or statutes of limitations, for how soon law enforcement must charge a suspect with a crime. However, in Virginia, most felonies do not have a statute of limitations.
Misdemeanors
Virginia criminal statute of limitations is the length of time the Commonwealth of Virginia has to bring charges against an individual who has committed a crime. It is also the amount of time the victim has to file a lawsuit after he or she has been a victim of a crime.
Misdemeanors are crimes that are not felonies and can be punished by a fine or jail time, usually less than one year in jail. Some misdemeanors are more serious than others, such as reckless driving or possession of a controlled substance.
Class 2 and Class 3 misdemeanors are less serious than felonies and can be punished with a fine or up to 6 months in jail. Common Class 2 and 3 misdemeanors in Virginia include driving while consuming alcohol, DUI, and possession of certain controlled substances.
In addition to the criminal penalties, a conviction for a misdemeanor can have collateral consequences such as employment issues and driver’s license suspension. If you have been charged with a misdemeanor in Virginia, it is important to consult an experienced criminal defense attorney right away to avoid unnecessarily harsh penalties and to fight for the best possible outcome.
Felonies
Felonies are the most serious criminal offenses in Virginia and carry harsh punishments. They are categorized into categories called classes for sentencing purposes (Code of Virginia SSSS 18.2-9 and 18.2-10).
Class 1 felonies are the most serious, and a person who commits one will face life imprisonment and possible fines of up to $100,000. These crimes include murder, aggravated malicious wounding, kidnapping, and arson.
If you are arrested for a felony, it is crucial to speak with an experienced criminal defense attorney as soon as possible. He will help you build a strong case against the charges and may be able to get them dropped or reduced. He can also help you avoid jail time while waiting for your trial.
Sexual Assaults
Sexual assault is a crime that occurs when an offender subjects a victim to unwanted and offensive sexual contact. Depending on the state, this can include rape or sexual battery.
However, these crimes aren’t always reported to the police. Many victims are embarrassed or fearful that they’ll be punished, so they don’t report at all.
Despite this, sexual assault is a serious and often life-changing crime that needs to be reported. It can also lead to PTSD (post-traumatic stress disorder).
To help survivors seek justice, each state has a statute of limitations for both civil and criminal lawsuits. It’s important to know the deadline for filing a lawsuit so you can file your claim on time and avoid being barred from filing a case.
In Virginia, minor victims have 20 years from the age of majority to sue, while adults have two years from the date the injury occurred. There are some tolling exceptions that can pause the statute of limitations, but it’s best to speak with an attorney to find out if these apply in your situation.
Juveniles
The statute of limitations for juvenile crimes varies based on the nature of the offense and can range from 1 to 5 years. However, certain felonies such as murder and rape have no time limit.
Juvenile offenses can have serious and lasting consequences that can follow a child for life. They can include things like shoplifting, joyriding in a parent’s car, throwing or going to a “house party” without permission, drug possession and more.
If your child is charged with a crime in juvenile court, it is critical to hire an experienced juvenile defense attorney right away. If the case is not resolved in the juvenile’s favor, it could result in a lifetime of incarceration and a criminal record that will haunt them for the rest of their lives.
The state must disclose to the juvenile’s counsel all of the information regarding witnesses, documents and other tangible objects that are anticipated to be introduced at an adjudicatory hearing. It must also provide the juvenile with a copy of any reports of physical, mental or scientific tests or examinations that are anticipated to be introduced at an adjudicatory proceeding.
