A Virginia court seal, usually seen in a criminal defense case in Newport News and Hampton.

Criminal Defense Attorney


Goff Voltin, PLLC criminal defense lawyers focus on defending people charged with crimes. Being charged with a crime is often one of the most stressful experiences that a person faces. Goff Voltin, PLLC employs a collaborative approach to criminal defense. Attorneys Josh Goff and Chris Voltin work together to formulate an effective criminal defense strategy to prepare for trial. In addition, we pride ourselves on involving our clients in every step of the process. Our goal is that you fully understand the criminal defense process and feel heard every step of the way.

Every crime is comprised of individual elements, each of which must be proven beyond a reasonable doubt before one can be found guilty. Our team believes every defendant deserves a criminal defense attorney who will research the law and provide a vigorous defense. We will seek out all evidence in your case through discovery and thoroughly research the relevant case law ahead of trial. Frequently, a case can be won through pretrial motions filed before trial based on a careful review of the applicable law. No matter what type of crime you are charged with, you can be assured that our criminal defense attorney team will thoroughly investigate and prepare for your case and will work with you every step of the way to achieve the best outcome possible. Our criminal defense attorneys in Hampton, Newport News and surroundings have taken the time to outline the majority of crimes below and the rules behind them.

If you have a criminal law charges in Newport News, Hampton, Williamsburg, Yorktown or the rest of the Hampton Roads area, call the criminal defense attorneys at Goff Voltin, PLLC today.

 

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CRIMES AGAINST THE PERSON

A person is guilty of malicious wounding (also referred as maiming):

  • If any person maliciously shoot, stab, cut, or wound any person or
  •  by any means cause him bodily injury,
  • with the intent to maim, disfigure, disable, or kill.

Malicious wounding is punishable by five to twenty years in prison and/or up to a $100,000 fine. Representation by criminal defense attorney is always recommended.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-51/

Assault and Battery in Virginia derives from common law.  While there is not a statute which sets forth the elements of an assault or battery, there is case law which provides a clear definition of assault and battery.

  • Assault – is “an attempt or offer, with force and violence, to do some bodily hurt to another” Parish v. Commonwealth, 56 Va. App. 324 (Va. App., 2010).
    • Assault requires an overt act and thus words alone can never be sufficient to sustain a conviction.
  •  Battery – is the “willful or unlawful touching of another” Parish v. Commonwealth, 56 Va. App. 324 (Va. App., 2010).
    • The victim does not necessarily need to be physically injured. A harmful or offensive touching will constitute a battery.

Simple Assault and Battery is a Class 1 Misdemeanor, and a person convicted of simple assault and battery can receive the following:

  • Up to twelve (12) months in jail; AND/OR
  • Up to a $2,500 fine. 

Representation by criminal defense attorney is always recommended.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-57/

Robbery is defined as:

  • The felonious taking of personal property
  • in the possession of another,
  • from his person or immediate presence and against his will,
  • accomplished by means of force or fear.

Robbery is punishable by five years to life in prison. In addition, if a firearm (even a simulated or inoperable firearm) is used in the robbery, an additional three years of mandatory prison time is imposed. Representation by criminal defense lawyer is always recommended.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-58/

Abduction and kidnapping are used interchangeably in Virginia and are defined as:

  • Any person who, by force, intimidation or deception, and
  • without legal justification or excuse,
  • seizes, takes, transports, detains or secretes another person
  • with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge.

Abduction is normally punishable by up to ten years in prison and/or a $2,500 fine. However, if the abduction is done to extort money from any person, or to commit certain sexual offenses against the person, the offense is punishable by twenty years to life in prison, along with a minimum of forty years suspended over the person’s head for life. Representation by criminal defense lawyer is highly recommended. 

Domestic assault and battery is defined as:

  • The unlawful, offensive
  • Touching of
  • A family or household member.

Virginia defines “family or household member” as a person’s spouse, former spouse, parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren,regardless of whether such persons reside in the same home with the person, or the person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, or any person who has cohabited with the person in the past year, or anyone who has a child in common with the person. Representation by criminal defense attorney is always recommended.

  • Domestic assault and battery is punishable by up to twelve months in jail and/or a $2,500 fine.  In addition, anyone previously convicted of two or more domestic assault and batteries is guilty of a class six felony, punishable by up to five years in prison and/or a $2,500 fine.

 

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-57.2/

MURDER

  • FIRST DEGREE
    • First degree murder is:
      • the intentional
      • premeditated
      • malicious killing of another.
    • First degree murder punishable by twenty years to life in prison and/or a $100,000 fine.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-32/

  • SECOND DEGREE
    • Second degree murder is:
      • The intentional
      • Malicious killing of another.
    • Second degree murder does not require premeditation.
    • Second degree murder is punishable by five to forty years in prison.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-32/

MANSLAUGHTER

  • VOLUNTARY
    • Manslaughter is defined as:
      • The unlawful killing of another
      • Without premeditation or malice.
    • Voluntary manslaughter is punishable by up to ten years in prison and/or a $2,500 fine.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-35/

  • INVOLUNTARY
    • Involuntary manslaughter is defined as:
      • The accidental killing of another
      • While engaged in an unlawful, but not felonious, act, or
      • In the improper performance of a lawful act
      • “Criminal negligence is the basis for involuntary manslaughter and has been defined as acting consciously in disregard of another person’s rights or acting with reckless indifference to the consequences.”  Gray v. Commonwealth, 2000 Va. App. LEXIS 548 (2000).
    •  Involuntary manslaughter is punishable by up to ten years in prison and/or a $2,500 fine.

Representation by criminal defense lawyer is always recommended.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-36.1/

Stalking is defined as:

  • One, who on more than one occasion
  • engages in conduct directed at another person
  • with the intent to place, or when he knows or reasonably should know that the conduct places
  • that other person, or his/her family or household member, in reasonable fear of death, criminal sexual assault, or bodily injury.

Stalking is punishable by up to one year in jail and/or a $2,500 fine.

A person is guilty of rape:

  • If any person has sexual intercourse with a complaining witness
    • against the complaining witness’s will, by force, threat or intimidation of or against the complaining witness or another person; or
    • through the use of the complaining witness’s mental incapacity or physical helplessness; or
    • with a child under age 13 as the victim.

Rape is punishable by five years to life in prison. In addition, a person convicted of rape must register for life on the sex offender registry. Representation by criminal defense attorney is always recommended.

OBJECT SEXUAL PENETRATION

AGGRAVATED SEXUAL BATTERY

SEXUAL BATTERY

  • ELEMENTS:
    • A person must sexually abuse another person; and
      • Sexual abuse is when a person intends to sexually molest, arouse, or gratify and does the following:
        • Touches the complainant’s genitalia, anus, groin, breast, or buttocks or the clothing or material directly covering such intimate parts
        • Forces the complainant to touch the person’s, another person’s, or the complainant’s own, or another person’s genitalia, anus, groin, breast, or buttocks or the clothing or material directly covering such intimate parts
        • If the complainant is under the age of 13, the person causes or assists the complainant to touch the person’s, the complainant’s own, or another person’s genitalia, anus, groin, breast, or buttocks or the clothing or material directly covering such intimate parts; or
        • The person forces another person to touch the complainant’s genitalia, anus, groin, breast, or buttocks or the clothing or material directly covering such intimate parts.
    • It must be against the complainant’s will; and
    • It must have been completed by force, threat or intimidation, or ruse.

Simple Sexual Battery is Class 1 misdemeanor and a person convicted of simple assault and battery can receive the following:

CRIMES AGAINST PROPERTY

If any person maliciously

  • burns, or by use of any explosive device or substance destroys, in whole or in part, or causes to be burned or destroyed, or
  • aids, counsels or procures the burning or destruction of any dwelling house or manufactured home whether belonging to himself or another, or any occupied hotel, hospital, mental health facility, or other house in which persons usually dwell or lodge, any occupied railroad car, boat, vessel, or river craft in which persons usually dwell or lodge, or any occupied jail or prison, or any occupied church or occupied building owned or leased by a church that is immediately adjacent to a church,
  • he shall be guilty of a felony, punishable by imprisonment for life or for any period not less than five years and, subject to subdivision g of § 18.2-10, a fine of not more than $100,000.

“To establish arson, the Commonwealth must prove the fire was of incendiary origin and the accused was the guilty agent in the burning.  Augustine v.Commonwealth, 220 Va. 120 (1983). Representation by criminal defense attorney is always recommended.

Any person 

  • who makes and communicates to another by any means any threat to bomb, burn, destroy or in any manner damage any place of assembly, building or other structure, or any means of transportation, or
  • who communicates to another, by any means, information, knowing the same to be false, as to the existence of any peril of bombing, burning, destruction or damage to any such place of assembly, building or other structure, or any means of transportation, shall be guilty of a Class 5 felony; provided, however, that if such person be under fifteen years of age, he shall be guilty of a Class 1 misdemeanor.

“In order to sustain a conviction under the statute, the communication must be taken in context, must have been maliciously made, and must reasonably cause the receiver of the threat to believe that the speaker of the threat will act according to his expressed intent.  Jones v.Commonwealth, No. 0977-98-3 (Va. Ct. of App., Feb. 23, 1999). Representation by criminal defense lawyer is always recommended.

If any person in the nighttime enters without breaking, or in the daytime breaks and enters or enters and conceals himself in a dwelling house or an adjoining, occupied outhouse or in the nighttime enters without breaking or any time breaks and enters and conceals himself in any building affixed to realty…he shall be guilty of statutory burglary.

  • If the person enters with the intent to commit murder, rape, robbery, or arson, he shall be guilty of a Class 3 felony.
  • If such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
  • If the person enters with the intent to commit larceny, or any felony other than murder, rape, robbery, or arson, or with the intent to commit assault and battery, the offense shall be punishable by not less than one nor more than 20 years in the Virginia state penitentiary, or by up to 12 months in a local jail and a fine of up to $2,500, either or both.  

Representation by criminal defense attorney is always recommended for a burglary case.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-90/

GRAND LARCENY/PETIT LARCENY

  • Larceny in Virginia is derived from common law.
    • Larceny is “the wrongful taking of the goods of another without the owner’s consent with the intention to deprive the owner thereof.”  Bright v. Commonwealth, 4 Va. App. 248 (1987).
    • In Virginia, if the value of goods stolen is $200 or more, the crime is felony grand larceny.  If the value of the goods is less than $200, the crime is misdemeanor petit larceny.
    • Grand larceny in Virginia is punishable by up to twenty years in prison and/or a $2,500 fine.  Petit larceny is punishable by up to twelve months in jail and/or a $2,500 fine.
    • It is also important to note that petit larceny may include higher punishments for subsequent convictions.  For instance, a third or subsequent conviction for petit larceny may be punished as a felony.
  • VIRGINIA CODE:

CONCEALMENT/SHOP LIFTING

  • “Shoplifting” is most frequently charged as the crime of concealment in Virginia.
    • To convict someone of concealment, the Commonwealth must prove “a willful concealment of merchandise done with the intent to convert the merchandise or to defraud the shopkeeper.”  Johnson v. Commonwealth, 35 Va. App. 134 (2001).
    • The concealment statute criminalizes the act of concealing merchandise in a store, even before an individual has exited the premises.  
    • If the concealed merchandise is worth less than $200, the crime is punished as petit larceny.  If the merchandise is worth more than $200, the crime is punishable as grand larceny.

Representation by criminal defense attorney is always recommended.

“A person entrusted with possession of another’s property who converts such property to his or her own use or benefit is guilty of embezzlement.”  Evans v. Commonwealth, 226 Va. 292 (1983).  Representation by criminal defense lawyer is always recommended.

If any person obtain, by any false pretense or token, from any person, with intent to defraud, money or other property, he shall be guilty of larceny thereof.

If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing…he shall be guilty of trespassing.

If any person:

  • intentionally destroys, defaces, damages, or removes
  • without the intent to steal any property, real or personal,
  • he shall be guilty of destruction of property.

Intentional destruction of property is punishable as a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine, either or both. Representation by criminal defense attorney is always recommended.

CRIMES INVOLVING FRAUD

If any person:

  • forges any writing,
  • to the prejudice of another’s right,
  • or utters, or attenpts to employ as true a forged writing,
  • he shall be guilty of forgery.

Forgery and uttering are each punishable as Class 5 felonies.

  • “Forgery is the false making or materially altering with intent to defraud, of any writing which, if true, might apparently be of legal efficacy.”  Bullock v. Commonwealth, 205 Va. 558 (1964).  
  • “Uttering is an assertion by word or action that a writing known to be forged is good and valid.”  Bateman v. Commonwealth, 205 Va. 595 (1964).

Representation by criminal defense attorney is always recommended.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter6/section18.2-172/

Any person who:

  • false assumes or exercises the functions, powers, duties, and privileges of a
    • sheriff, police officer, marshal, or other peace officer, or of a federal law-enforcement officer, or who
    • false assumes or pretends to be such an officer,
    • is guilty of impersonating a law enforcement officer.

A first offense is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine.  

  • A subsequent offense is punishable as a Class 6 felony.

Representation by criminal defense attorney is always recommended.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter6/section18.2-174.1/

To constitute obtaining money by false pretenses the accused must:

  • make a false representation of a past event or existing fact; and
  • That when the false representation was made the accused had an intent to defraud; and
  • That because of the false representation, the accused obtained either money, property, gift certificate, etc. from the alleged victim.

PUNISHMENT: Obtain money by false pretenses is punished identically as larceny. Representation by criminal defense attorney is always recommended.

          • To constitute obtaining signature by false pretenses the accused must:
            • make a false representation of a past event or existing fact; and
            • That when the false representation was made the accused had an intent to defraud; and
            • That because of the false representation, the accused obtained the alleged victim’s signature.
          • PUNISHMENT: Obtain money by false pretenses is punished as a Class 4 Felony.  In other words, an individual can be sentenced to a term of imprisonment of two to ten years and be subject to a fine up to $100,000.
          • VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter6/section18.2-178/
If any person:

  • Within 90 days,
  • Issues two or more checks,
  • Which have a total value of $200 or more and which
    1. are drawn upon the same account of any bank,
    2. And are made payable to the same person or company
  • is guilty of a Class 6 felony, punishable by up to five years in prison and up to a $2,500 fine.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter6/section18.2-181.1/

 

A person shall be guilty of a Class 1 misdemeanor if he:

  • Makes, causes to be made, or conspires to make…
  • any materially false statement in writing,
  • knowing it to be false and
  • intending it to be relied upon
  • concerning the financial condition of himself…
  • to obtain property or credit.

This statute is punishable by up to 12 months in jail and/or a $2,500 fine.

  • If the person intends to defraud, he shall be guilty of grand larceny if the amount received is greater than $200.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter6/section18.2-186/

CREDIT CARD THEFT

  • A person is guilty of credit card theft when:
    • He takes, obtains, or withholds a credit card or credit card number from the possession or control of another, or uses such card with knowledge it has been stolen; or
    • He receives a credit card or  credit card number that he knows to have been lost, mislaid, or delivered under a mistake to the identity or address of the cardholder, or
    • He, not being the issuer, sells a credit card or credit card number or buys a credit card from a person other than the issuer, or
    • During any twelve month period, receives credit cards or credit card numbers issued in the names of two or more persons which he has reason to believe were obtained from a person other than the issuer.
  • Credit card theft is punished as grand larceny.
  • VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter6/section18.2-192/

CREDIT CARD FORGERY

  • A person is guilty of credit card forgery when:
    • With intent to defraud, he falsely makes or employs as true a purported credit card, or
    • Not being the cardholder, with intent to defraud the issuer, signs a credit card, or
    • Not being the cardholder, with the intent to defraud, uses a credit card number or employs as true a forged draft knowing it to be forged.
  • A person falsely makes a credit card when he makes or draws, a device or instrument which purports to be the credit card because the issuer did not authorize the making or drawing, or alters a credit card which was validly issued.
  • Credit card forgery is a Class 5 felony, punishable by up to ten years in prison and a $2,500 fine, either or both.

Representation by criminal defense attorney is always recommended.

It shall be unlawful for any person:

  • To knowingly conduct a financial transaction
  • Where the person knows the property involved in the transaction involves the proceeds of an activity which is punishable as a felony in Virginia or another state.
  • Money laundering is punishable by imprisonment up to 40 years and/or a fine of up to $500,000.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter6/section18.2-246.3/

Representation by criminal defense lawyer is always recommended.

Each person accepting a purchase order for a delivery sale shall collect and remit to the Board all cigarette taxes imposed by the Commonwealth.

  • A first violation of this code section is punishable by a civil penalty of up to $1,000.  A subsequent violation is punishable by a civil penalty of no more than $10,000.

Any person who knowingly, with the intent to defraud, mislead, or deceive,

  • makes a statement regarding registration and reporting of cigarette sales
  • which is false
  • is guilty of commercial misrepresentation.
  • Each filed statement containing one or more false statements constitutes a separate offense.

Commercial misrepresentation is a Class 6 felony, punishable by up to five years in prison and a $2,500 fine, either or both.  

CRIMES INVOLVING HEALTH AND SAFETY

POSSESSION

  • Possession of a controlled substance:  It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance is obtained directly from, or pursuant to, a valid prescription.
  • Possession of a controlled substance is punishable by up to ten years in prison and/or a $2,500 fine.
  • VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-250/

POSSESSION OF MARIJUANA

  • It is unlawful for any person knowingly or intentionally to possess marijuana unless the substance is obtained directly from, or pursuant to, a valid prescription.
  • Possession of marijuan is punishable by up to 30 days jail and/or a $500 fine for first simple possession.  Second offense simple possession marijuana is a Class 1 misdemeanor, punishable by up to 12 months in jail and/or a $2,500 fine.
  • VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-250.1/

MANUFACTURING/POSSESSION WITH INTENT TO SELL

  • Distribution of a controlled substance:  It shall be unlawful for any person to manufacture, sell, give, distribute, or possess with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance.
  • Distribution is punishable by up to 40 years in prison for a first offense and life in prison for subsequent offenses.
  • http://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-250.1/

Representation by criminal defense attorney is always recommended.

 

A person is guilty of possessing with intent to sell drug paraphernalia if:

  1. He distributes any item where he knows or should know that
  2. The person intends to use it to
  3. illegally plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body marijuana or a controlled substance

Possessing with intent to distribute paraphernalia is punishable by up to a year in jail and/or a $2,500 fine.

Representation by criminal defense attorney is always recommended.

 

Driving under the influence (DUI), also commonly referred to as driving while intoxicated (DWI), is an extremely complex area of the law.  If you or a loved one have been charged with DUI/DWI then you should seek an attorney with experience and a solid foundation of knowledge of the laws concerning DUI/DWI.  The lawyers at Goff Voltin, PLLC have handled numerous cases of DUI/DWI and have spent countless hours pouring over the complex code to better understand the intricacies of the laws which prohibit DUI/DWI.

  1. Simply put, DUI/DWI is the operation of a motor vehicle while under the influence of an intoxicating substance.  Typically, people associate drinking alcohol with DUI/DWI, but there are other drugs and intoxicating substances which may lead to a charge of DUI/DWI.  The actual offense of DUI/DWI is the driving or operation of a motor vehicle (car, motorcycle, ATV, riding lawn mower, etc.) while:
  • (1) having a blood alcohol concentration (BAC) of 0.08 grams or more per 210 liters; OR
  • (2) being under the influence of alcohol, narcotic, intoxicant, or drug to a degree which impairs the driver’s ability to operate the motor vehicle; OR
  • (3) having a blood concentration of any of the following substances at a level that is equal to or greater than:
    • 0.02 milligrams of cocaine per liter of blood;
    • 0.1 milligrams of methamphetamine (commonly referred to as “meth”) per liter of blood;
    • 0.01 milligrams of phencyclidine (commonly referred to as “PCP” or “angel dust”) per liter of blood; or
    • 0.1 milligrams of 3,4-methylenedioxymethamphetamine (commonly referred as “MDMA” or “ecstacy”) per liter of blood.
  • A first offense DUI/DWI is punished as a Class 1 misdemeanor and carries the possibility of up to 12 months in jail and/or a $2,500 fine. There are also additional penalties such as a loss of license, but you should consult with an attorney at Goff Voltin to discuss further.
  • Please note that there are also additional penalties depending on the level of intoxication and the prior criminal record of the accused.  The attorneys at Goff Voltin will thoroughly explain whether these heightened punishments would apply to your situation.

VIRGINIA CODE: http://law.lis.virginia.gov/vacodefull/title18.2/chapter7/article2/

Representation by criminal defense attorney is always recommended.

CRIMES INVOLVING MORALS AND DECENCY

PROSTITUTION

Representation by criminal defense lawyer is always recommended.

INDECENT LIBERTIES WITH CHILDREN

  • A person is guilty of indecent liberties if:
    • Any person 18 years of age or over, who, with lascivious intent,
    • knowingly and intentionally commits any of the following acts with any child under the age of 15 years:
      • Expose his or her sexual or genital parts to any child to whom such  person is not legally married or propose that any such child expose his or her sexual or genital parts to such person; or
      • Propose that any such child feel or fondle the sexual or genital parts of such person or propose that such person feel or fondle the sexual or genital parts of any such child
      • Propose to such child the performance of an act of sexual intercourse or any sexual act; or
      • Entice, allure, persuade, or invite any such child to enter any vehicle, room, house, or other place, for any of the purposes set forth in the preceding subdivisions of this section.
    • Indecent liberties is punishable by up to ten years in prison and/or a $2,500 fine.
    • However, if the individual is related to the alleged victim or is otherwise in a custodial relationship, indecent liberties is punishable by two to ten years in prison and/or a $100,000 fine.

Representation by criminal defense attorney is always recommended.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter8/section18.2-370/

 

CHILD PORNOGRAPHY

  • Any person who knowingly possesses sexually explicit material of children under 18 is guilty of possessing child pornography.  
  • Possession of child pornography is punishable by up to five years in prison for a first offense, and up to ten years in prison and/or a $2,500 fine for subsequent offenses.  
  • A person is guilty of distributing child pornography if he:
    1. reproduces by any means, including by computer, sells, gives away, distributes, electronically transmits, displays with lascivious intent, purchases, or possesses with intent to sell, give away, distribute, transmit, or display child pornography with lascivious intent
    2. Distribution of child pornography is punished by five to twenty years in prison.  A second or subsequent offense is punished by a mandatory minimum term of imprisonment of five years in prison.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter8/section18.2-374.1:1/

CRIMES AGAINST PEACE AND ORDER

A person is guilty of disorderly conduct if:

  • with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
    • In any street, highway, public building, or while in or on a public conveyance, or public place
    • engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed
  • Disorderly conduct is punishable by up to twelve months in jail and/or a $2,500 fine.

Representation by criminal defense attorney is always recommended.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter9/section18.2-415/

CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

A person is guilty of perjury if:

  • an oath is lawfully administered on any occasion
  • willfully swears falsely on such occasion
  • touching any material matter or thing.

Perjury is punishable by up to ten years in prison and/or a $2,500 fine. Representation by criminal defense lawyer is always recommended.

 

A person is guilty of bribery if:

  • He offers, confers or agrees to confer upon another
  • any pecuniary benefit as consideration for or to obtain or influence the recipient’s decision, opinion, recommendation, vote or other exercise of discretion as a public servant or party official, or
  • any benefit as consideration for or to obtain or influence either the recipient’s decision, opinion, recommendation, vote or other exercise of official discretion in a judicial or administrative proceeding or the recipient’s violation of a known legal duty as a public servant or party official.

Bribery is punished by two to ten years in prison and up to a $100,000 fine. Representation by criminal defense attorney is always recommended.

SHOW CAUSE

  • Violation of any court order, including a custody/visitation order or order to pay child support, is punishable as contempt of court.
  • Criminal contempt is ordinarily punishable by up to ten days in jail per offense, and/or a fine of up to $250.
  • Civil contempt is frequently used in child support proceedings and can result in incarceration for up to twelve months until a portion of the debt, known as a “purge clause,” is paid.  

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter10/section18.2-456/

EXPUNGEMENTS