For decades, Virginia offered extremely limited relief to people with criminal records. Unless a charge qualified for expungement after an acquittal or dismissal, most convictions remained public forever.

That changed on July 1, 2026, when Virginia’s new record sealing laws took effect. The legislation created one of the most significant reforms to Virginia criminal law in decades by allowing many arrests, dismissals, and even certain convictions to be sealed from public view. The new law is found in Chapter 23.2 of Title 19.2 of the Virginia Code (§§ 19.2-392.5 through 19.2-392.17).

If you have a criminal record—or are currently facing criminal charges—understanding these new laws is critical.

What Is Record Sealing in Virginia?

Record sealing is not the same as expungement.

When a record is sealed:

• The public can no longer access the record.
• Most employers and landlords will not see the record during routine background checks.
• Commercial background check companies are prohibited from reporting sealed records.
• Certain government agencies, courts, prosecutors, and law enforcement agencies may still access sealed records in limited circumstances authorized by law. §§ 19.2-392.5 and 19.2-392.13.

In other words, sealing greatly limits public access while preserving limited governmental access when authorized by statute.

Automatic Sealing of Certain Convictions

One of the biggest changes is that certain misdemeanor convictions are automatically sealed after the required waiting period if all statutory conditions are met.

Virginia Code § 19.2-392.6 currently provides automatic sealing eligibility for convictions involving:

• Petit larceny (§ 18.2-96)
• Shoplifting (§ 18.2-103)
• Trespassing (§ 18.2-119)
• Instigating trespass (§ 18.2-120)
• Trespass after being forbidden (§ 18.2-134)
• Certain former marijuana distribution offenses
• Disorderly conduct (§ 18.2-415)

Automatic sealing only occurs if the person satisfies statutory waiting periods and has not incurred disqualifying convictions during the applicable period. The Department of State Police identifies eligible cases and initiates the automatic sealing process under § 19.2-392.7.

Automatic Sealing of Dismissed Charges

Virginia now automatically seals many criminal cases that end favorably for the accused.

These include many:

• Acquittals
• Dismissals with prejudice
• Nolle prosequi dispositions
• Certain traffic infractions

The automatic process is governed primarily by §§ 19.2-392.8 through 19.2-392.10.

This represents a dramatic change from prior Virginia law, which generally required individuals to file an expungement petition.

Marijuana Possession Records Are Automatically Sealed

Virginia also created automatic sealing for former marijuana possession offenses.

Under § 19.2-392.6:1, criminal and civil offenses involving former § 18.2-250.1 are sealed without requiring the individual to file a petition. The Virginia State Police, courts, law enforcement agencies, and DMV are responsible for identifying and sealing these records, subject to limited exceptions.

Can Felony Convictions Be Sealed?

Yes—but only some.

Virginia now allows petition-based sealing for certain felony convictions after specified waiting periods.

However, many serious offenses remain permanently ineligible.

Examples of offenses generally excluded include:

• Class 1–4 felonies
• Violent felonies
• Most sex offenses
• Felonies involving firearms
• Protective order violations
• Hate crimes
• Numerous offenses involving family or household members

Eligibility depends upon the specific conviction and the requirements contained throughout Chapter 23.2 of Title 19.2.

Some Cases Still Require a Petition

Not every qualifying case will be sealed automatically.

Virginia law provides a petition process for numerous offenses, including certain convictions and deferred dismissals that are not automatically sealed or that were missed during the automatic process.

The petition procedure is contained in §§ 19.2-392.11, 19.2-392.12, and 19.2-392.12:1.

A judge will consider whether the statutory requirements have been met before entering a sealing order.

What Does Sealing Mean for Employment?

For many Virginians, the greatest benefit is employment.

A criminal record can affect:

• Employment opportunities
• Professional licensing
• Housing applications
• Educational opportunities
• Volunteer positions

Once a record has been properly sealed, most private employers and background screening companies should no longer report or disclose the sealed offense. Virginia law also imposes obligations on business screening services regarding sealed records.

However, certain employers—including law enforcement agencies, agencies handling national security matters, and positions governed by federal law—may still have lawful access to sealed records.

Sealing Is Not Automatic for Everyone

One common misconception is that every criminal record disappears automatically.

That is simply not true.

Many individuals will still need to:

• Determine whether their offense qualifies;
• Calculate the applicable waiting period;
• File a petition with the appropriate circuit court;
• Attend a hearing if required; and
• Demonstrate compliance with Virginia’s eligibility requirements.

Because eligibility depends on the offense, disposition, criminal history, and applicable waiting periods, consulting with an experienced Virginia criminal defense attorney can help avoid costly mistakes.

Frequently Asked Questions

Can felony convictions be sealed in Virginia?

Some felony convictions may be eligible through a petition process, but many serious felonies—including violent offenses, certain firearm offenses, and many sex offenses—remain ineligible.

Are dismissed charges automatically sealed?

Many dismissals, acquittals, and nolle prosequi dispositions are now automatically sealed under Virginia’s new statutory framework.

Is sealing the same as expungement?

No. Sealed records continue to exist but are generally unavailable to the public and most background check companies. Certain governmental entities retain limited statutory access. § 19.2-392.5.

When did Virginia’s new sealing law take effect?

The comprehensive sealing statutes became effective July 1, 2026.

Need Help Determining Whether Your Record Can Be Sealed?

Virginia’s new sealing laws provide meaningful relief for thousands of people, but the statutes are detailed and eligibility is highly offense-specific. Whether your case qualifies depends on the offense, the disposition, your criminal history, and the applicable waiting periods.

If you believe you may qualify, consulting with an experienced Virginia criminal defense attorney can help you determine whether your record is eligible for automatic sealing or whether a petition should be filed on your behalf.

Call us today for a confidential consultation.

The post Virginia Record Sealing Laws 2026: What You Need to Know appeared first on Attorneys of Goff Voltin.

A Hampton Roads & Williamsburg Guide to a Question Every Virginian Gets Asked

The Short Answer

Virginia is a state. Virginia is also a commonwealth. Those two facts are not in tension — “commonwealth” is simply the formal title Virginia uses for itself, while “state” is the broader constitutional category under the U.S. Constitution that Virginia belongs to along with the other 49. Every commonwealth is a state; not every state is a commonwealth.

Four states in the U.S. officially call themselves commonwealths in their state constitutions: Virginia, Kentucky, Massachusetts, and Pennsylvania. Puerto Rico also uses the term, though as a U.S. territory its legal relationship with the federal government is different from that of the fifty states.

Where the Word “Commonwealth” Comes From

The term predates the United States. In 17th-century England, “commonwealth” described a political community organized for the common good of its people, rather than a monarchy ruled purely for the benefit of the crown. When Virginia’s colonial leaders drafted their first state constitution in 1776, they chose “Commonwealth of Virginia” deliberately, signaling a government whose authority flowed from the consent of the governed rather than from royal grant.

That founding-era word choice has stuck for 250 years. It shows up in the title of every Virginia statute, in the caption of every criminal case (you’ll see “Commonwealth v. [Defendant]” instead of “State v. [Defendant]” on Virginia court documents), and in the official name of state agencies.

Does It Change Any Actual Law?

No. This is the point that trips up even long-time Virginia residents. “Commonwealth” is a title, not a distinct legal category recognized by the U.S. Constitution. Virginia has the same relationship to the federal government as California, Texas, or any other state:

In short: if a legal document, statute, or court order says “Commonwealth of Virginia” instead of “State of Virginia,” nothing about your rights, obligations, or the applicable law has changed. It’s the same government, under a different traditional name.

Why This Matters If You’re Facing Criminal Charges in Virginia

This isn’t just trivia — it shows up directly in the paperwork if you or a loved one is ever charged with a crime in Williamsburg, James City County, York County, Newport News, or anywhere else in the Hampton Roads region.

None of this changes your rights under the U.S. Constitution — due process, the right to counsel, protection against unreasonable search and seizure, and so on all apply exactly as they would in any other state. But if you’re reading a summons or indictment for the first time and notice “Commonwealth” language, know that it reflects Virginia’s traditional title, not some special or lesser form of prosecution.

The Other Three Commonwealths — and Puerto Rico

For context, Virginia isn’t alone in this naming tradition:

Frequently Asked Questions

Is Virginia a state or a commonwealth?

Both. Virginia is one of the 50 U.S. states, and “Commonwealth of Virginia” is its official, constitutionally adopted name — a historical title, not a different legal status.

Why does my court paperwork say “Commonwealth” instead of “State”?

Virginia criminal cases are officially captioned “Commonwealth of Virginia v. [Defendant]” because Virginia’s government refers to itself as a commonwealth. It carries the same legal weight as “State of [Name] v. [Defendant]” in other states.

What is a Commonwealth’s Attorney?

A Commonwealth’s Attorney is Virginia’s version of a District Attorney or State’s Attorney — the locally elected prosecutor responsible for bringing criminal charges in a given city or county, such as Williamsburg/James City County, York County, or Newport News.

Does being a commonwealth give Virginia more independence from federal law?

No. Virginia is bound by the U.S. Constitution and federal law exactly as every other state is. “Commonwealth” is a traditional title with no separate constitutional meaning under U.S. law.

Which other states call themselves commonwealths?

Kentucky, Massachusetts, and Pennsylvania also use “commonwealth” as their official title. Puerto Rico uses a related term, but as a U.S. territory it has a different legal relationship with the federal government.

Charged with a Crime in the Commonwealth of Virginia?

Whether your case is captioned as the Commonwealth or the State, facing criminal charges in Williamsburg, James City County, York County, or Newport News is serious, and the process moves quickly. If you or someone you know has been charged, speaking with an experienced Hampton Roads criminal defense attorney early can make a meaningful difference in how the case unfolds.

This article is provided for general informational purposes and does not constitute legal advice. For guidance about a specific case, consult a Virginia criminal defense attorney like the attorneys of Goff Voltin, PLLC. 

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What Hampton Roads and Williamsburg residents need to know about petit larceny, shoplifting, and merchandise concealment charges under Virginia law — including penalties, real-world examples, and defense considerations.

Facing a theft charge in Virginia can feel overwhelming, especially when the accusation involves something as ordinary as a shopping trip gone wrong. Petit larceny and concealment charges — often called “shoplifting” — are among the most common criminal charges filed in general district courts across Williamsburg, James City County, York County, Newport News, and the greater Hampton Roads region. Despite being misdemeanors, these charges carry real consequences: potential jail time, fines, and a permanent criminal record. This guide breaks down exactly what Virginia law says, how the two most commonly charged statutes differ, and what typical cases look like.

What Is Petit Larceny Under Virginia Law?

Petit larceny is defined in Virginia Code § 18.2-96. Under this statute, a person commits petit larceny when they:

Petit larceny is classified as a Class 1 misdemeanor, the most serious misdemeanor category in Virginia. A conviction carries up to 12 months in jail and a fine of up to $2,500, either or both. Courts may also order restitution to the victim or store.

Key 2026 Update: The “Three Strikes” Enhancement Is Gone

Virginia repealed § 18.2-104, which once automatically elevated a third petit larceny conviction to a felony regardless of the value stolen. That repeal took effect July 1, 2021, and remains current law today. Every petit larceny offense — first, second, or subsequent — is now charged as a Class 1 misdemeanor unless a different statute independently makes it a felony (for example, theft of a firearm, which is always grand larceny under § 18.2-95). Judges may still weigh prior convictions at sentencing, but there is no automatic felony bump for repeat offenders.

Contact our office today for a confidential consultation to discuss the specific facts of your case and your legal options.

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If you have been charged with homicide in Virginia, one of the most important questions is whether prosecutors will pursue murder or voluntary manslaughter. While both charges involve the unlawful killing of another person, Virginia law treats them very differently. The distinction often comes down to a person’s state of mind and whether the killing occurred in the heat of passion.

Understanding these differences can dramatically affect the potential penalties, available defenses, and the outcome of a criminal case.

What Is Murder Under Virginia Law?

Virginia defines murder through several statutes.

First-Degree Murder – Virginia Code § 18.2-32

Under Virginia Code § 18.2-32, first-degree murder includes:

• A willful, deliberate, and premeditated killing;
• Killing by poison, lying in wait, imprisonment, or starvation;
• Certain felony murders committed during specified felonies.

To convict someone of first-degree murder, the Commonwealth must generally prove beyond a reasonable doubt that the defendant intentionally killed another person after forming the intent to do so—even if that intent existed for only a brief period.

Second-Degree Murder – Virginia Code § 18.2-32

Second-degree murder is also governed by Virginia Code § 18.2-32. It generally includes unlawful killings committed with malice, but without premeditation or circumstances that elevate the offense to first-degree murder.

Examples may include:

• Intentionally shooting someone during an argument without prior planning.
• Reckless conduct demonstrating a callous disregard for human life.

The key element separating murder from manslaughter is malice.

What Is “Malice” in Virginia?

Virginia courts have long held that malice is not simply hatred or anger.

Instead, malice generally means:

• A wrongful act done intentionally,
• Without legal justification or excuse,
• Under circumstances showing a mind bent on mischief or a reckless disregard for human life.

Malice may be proven by direct evidence or inferred from circumstances, including the deliberate use of a deadly weapon.

What Is Voluntary Manslaughter?

Unlike murder, voluntary manslaughter is an intentional killing without malice.

Virginia law does not have a statute specifically defining voluntary manslaughter. Instead, the offense has been developed through Virginia common law and is recognized by Virginia courts. The punishment is established by Virginia Code § 18.2-35, which classifies voluntary manslaughter as a Class 5 felony.

The classic definition is:

An intentional killing committed in the heat of passion, upon reasonable provocation, before a reasonable person would have had time to cool off.

In these situations, the law recognizes that although the killing was intentional, the defendant’s emotional state negated the element of malice.

What Is “Heat of Passion”?

Heat of passion refers to an emotional state caused by legally adequate provocation.

Virginia courts describe heat of passion as emotions such as:

• Rage
• Fear
• Terror
• Anger
• Sudden resentment

The emotion must be so overwhelming that it temporarily overcomes reason.

However, not every argument qualifies.

Adequate Provocation

Examples that may support voluntary manslaughter include:

• A sudden violent assault.
• Immediate mutual combat.
• Certain situations involving an immediate threat of serious bodily harm.

On the other hand, these situations generally are not enough:

• Mere words or insults.
• Hurt feelings.
• Jealousy by itself.
• A desire for revenge after time has passed.

The Cooling-Off Period

Even if adequate provocation exists, voluntary manslaughter only applies if the killing occurs before sufficient time has passed for reason to return.

If a person:

• Leaves,
• Retrieves a weapon,
• Returns after calming down,

a prosecutor may argue that malice was restored, making the offense murder rather than manslaughter.

Penalties

Murder

Penalties depend on the degree of murder charged.

First-Degree Murder

• Punishable under Virginia Code § 18.2-32
• Generally carries a sentence of 20 years to life imprisonment
• Certain aggravated murder cases may carry different penalties under other statutes.

Second-Degree Murder

• Generally punishable by 5 to 40 years in prison under § 18.2-32.

Voluntary Manslaughter

Under Virginia Code § 18.2-35, voluntary manslaughter is a Class 5 felony, punishable by:

• 1 to 10 years in prison, or
• Up to 12 months in jail and/or a fine of up to $2,500, in the discretion of the jury or court.

The sentencing difference between murder and voluntary manslaughter is substantial.

The Commonwealth Must Prove Malice

One of the most contested issues in Virginia homicide cases is whether the Commonwealth can prove malice beyond a reasonable doubt.

A defense attorney may argue:

• The defendant acted in the heat of passion;
• There was adequate legal provocation;
• The evidence does not establish malice;
• The killing was justified or excused through self-defense.

If successful, these arguments may reduce a murder charge to voluntary manslaughter—or result in an acquittal if self-defense is established.

Common Defenses in Virginia Homicide Cases

Depending on the facts, defenses may include:

• Self-defense
• Defense of others
• Lack of malice
• Heat of passion
• Accident
• Mistaken identity
• Insufficient evidence

Every homicide case requires careful review of witness statements, forensic evidence, surveillance video, and the timeline leading to the incident.

Frequently Asked Questions

Is voluntary manslaughter considered murder?

No. Voluntary manslaughter is a separate offense because the Commonwealth cannot prove malice.

Can an intentional killing still be manslaughter?

Yes. An intentional killing committed in the heat of passion after adequate provocation may constitute voluntary manslaughter instead of murder.

Is every fight that results in death voluntary manslaughter?

No. The facts matter. The court will consider whether there was adequate provocation, whether the defendant acted in the heat of passion, and whether sufficient time existed for emotions to cool.

Can murder charges be reduced?

Yes. Depending on the evidence, prosecutors may amend charges, or a jury may convict a defendant of voluntary manslaughter instead of murder if malice is not proven beyond a reasonable doubt.

The Bottom Line

The difference between murder and voluntary manslaughter in Virginia often turns on a single legal concept: malice. Murder requires proof that the killing was committed with malice, while voluntary manslaughter recognizes that certain intentional killings occur in the heat of passion after adequate provocation, negating malice.

Because the distinction can mean the difference between a sentence measured in decades and one carrying substantially less exposure, these cases demand a thorough investigation and a strong understanding of Virginia homicide law.

Virginia Code References

• Virginia Code § 18.2-32 — First- and second-degree murder.
• Virginia Code § 18.2-35 — Punishment for voluntary manslaughter (Class 5 felony).
• Virginia Code § 18.2-36 — Involuntary manslaughter.

Disclaimer: This article is provided for general informational purposes only and is not legal advice. Every homicide case is unique, and the application of Virginia law depends on the specific facts and circumstances of each case. If you or a loved one has been charged with murder or manslaughter in Virginia, consult an experienced Virginia criminal defense attorney as soon as possible.

Contact our office today for a confidential consultation to discuss the specific facts of your case and your legal options.

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A Hampton Roads & Williamsburg Criminal Defense Guide to Virginia Abduction Law

If you or a loved one has been arrested or is under investigation for abduction or kidnapping in Williamsburg, James City County, York County, Newport News, or elsewhere in Hampton Roads, it is critical to understand exactly what Virginia law requires the Commonwealth to prove — and how severe the penalties can be. Virginia treats abduction as a serious felony offense, and in 2023 and 2024 the General Assembly significantly changed the punishment structure for abduction involving minors. This guide breaks down the current law under Virginia Code §§ 18.2-47 through 18.2-50, explains how these cases are typically charged and defended in local Circuit and General District Courts, and outlines what to do if you are facing charges.

What Is Abduction Under Virginia Law? (Va. Code § 18.2-47)

Virginia law uses the terms “abduction” and “kidnapping” interchangeably — there is no separate kidnapping statute. Under Virginia Code § 18.2-47(A), a person commits abduction when they, by force, intimidation, or deception, and without legal justification or excuse:

•        Seize, take, transport, detain, or secrete another person,

•        With the intent to deprive that person of their personal liberty, or

•        With the intent to withhold or conceal that person from anyone lawfully entitled to their custody or charge.

Subsection (B) also criminalizes abduction accomplished for the purpose of forced labor or services, and specifically defines “intimidation” to include destroying, concealing, confiscating, or withholding — or threatening to withhold — a passport, immigration document, or other government identification, or threatening to report someone as unlawfully present in the United States. This provision is frequently used in human trafficking-adjacent prosecutions.

Importantly, the statute does not apply to law-enforcement officers acting in the performance of their official duties

Elements the Commonwealth Must Prove

To convict a defendant of abduction, the Commonwealth’s Attorney must prove each of the following elements beyond a reasonable doubt:

•        The defendant seized, took, transported, detained, or hid another person (or obtained their labor/services through force, intimidation, or deception);

•        The act was accomplished by force, intimidation, or deception;

•        The defendant acted without legal justification or excuse; and

•        The defendant specifically intended to deprive the other person of personal liberty, to withhold or conceal them from someone lawfully entitled to their charge, or to subject them to forced labor.

Because intent is an element, and because Virginia courts have long grappled with when a restraint is “incidental” to another crime (such as robbery or assault) versus a separate, chargeable abduction, these cases often turn on detailed factual and legal analysis of exactly what happened, for how long, and why.

Penalties for Abduction in Virginia

Abduction is punished on a sliding scale depending on the victim and the circumstances:

General Abduction — Class 5 Felony

Abduction for which no other punishment is specifically prescribed is a Class 5 felony, punishable by one to ten years in prison, or, in the jury’s discretion, up to twelve months in jail and a fine of up to $2,500.

Abduction of a Minor — Class 2 Felony (Current Law)

Under a 2023 amendment to § 18.2-47, abduction of a minor is now punished as a Class 2 felony, not the older Class 5 classification many general resources still reference. A Class 2 felony conviction carries a mandatory minimum of 20 years and up to life in prison, plus a fine of up to $100,000. This is one of the most significant recent changes to Virginia’s abduction law, and anyone researching an abduction charge involving a child should be aware that older articles and out-of-state summaries may cite outdated penalties.

Parental / Family Member Abduction — Class 1 Misdemeanor or Class 6 Felony

Virginia Code § 18.2-47(D) carves out a distinct — and generally less severe — category for a parent, or a family or household member (as defined in § 16.1-228) who has been awarded custody or visitation, and who violates that custody or visitation order:

•        If the abducted person remains within Virginia, the offense is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine, in addition to contempt-of-court exposure in the underlying custody case.

•        If the abducted person is removed from the Commonwealth, the offense is elevated to a Class 6 felony, punishable by one to five years in prison (or up to 12 months in jail at the court’s discretion) and a $2,500 fine, again in addition to contempt sanctions.

A 2024 amendment expanded this parental-abduction provision beyond parents to also cover family or household members who hold court-ordered custody or visitation rights, closing a gap for cases involving grandparents, stepparents, and other custodial relatives.

Aggravated Abduction and Related Offenses

Aggravated Abduction — Va. Code § 18.2-48

Abduction becomes a Class 2 felony — 20 years to life in prison and up to a $100,000 fine — when committed:

•        With the intent to extort money or a pecuniary benefit;

•        With the intent to defile the victim;

•        Of a child under 16 for purposes of concubinage or prostitution; or

•        Of any minor for purposes of manufacturing child pornography.

Except for extortion-based abduction, a conviction under most of these provisions and a sentence less than life requires the court to impose a suspended sentence of at least 40 years, on top of the active sentence, which remains in effect for the defendant’s lifetime unless revoked.

Threats or Attempts to Abduct — Va. Code § 18.2-49

Threatening or attempting to abduct another person to extort money, secure a pecuniary benefit, or abduct a female under 16 for concubinage or prostitution is itself a Class 5 felony, even if the abduction never occurs.

Hostage-Taking by a Prisoner — Va. Code § 18.2-48.1

A prisoner or escaped prisoner who abducts another person is guilty of a Class 3 felony, punishable by five to twenty years in prison and a fine of up to $100,000.

Failure to Report — Va. Code § 18.2-50

Family members who learn of an abduction and fail to promptly report it to law enforcement can themselves face a Class 2 misdemeanor.

Common Defenses to Abduction Charges

Every abduction case turns on its specific facts, but experienced defense counsel typically evaluate the following avenues:

•        Lack of intent — the Commonwealth must prove the specific intent to deprive liberty, conceal, or subject to forced labor; confusion, mistake, or a different intent can undercut the charge.

•        Consent — a person cannot be abducted with their own voluntary, informed consent.

•        Restraint merely incidental to another offense — Virginia courts have addressed when detention that occurs during another crime (such as robbery, sexual assault, or malicious wounding) is not a separately chargeable abduction because the restraint was not more than the minimum necessary to commit that other crime.

•        Legal justification or excuse — including lawful parental authority, law-enforcement action, or emergency intervention to protect a child or incapacitated person.

•        Insufficient evidence of force, intimidation, or deception.

•        Custody/visitation defenses specific to § 18.2-47(D), including ambiguity in an underlying custody order or a good-faith belief that removal was authorized or necessary to protect the child.

Why Local Court Experience Matters in Hampton Roads and Williamsburg

Abduction charges arising in Williamsburg, James City County, York County, and Newport News are prosecuted in the relevant Circuit Court following a preliminary hearing in General District or Juvenile and Domestic Relations District Court, depending on the relationship between the parties and the age of the alleged victim. Cases involving a minor and a parent or family member frequently intersect with an open custody or visitation matter in Juvenile and Domestic Relations District Court, meaning a single set of facts can generate both a criminal abduction charge and simultaneous contempt proceedings. Defense counsel familiar with the judges, Commonwealth’s Attorneys, and procedural rhythms of the Historic Triangle and greater Hampton Roads courts can help coordinate strategy across both dockets.

Frequently Asked Questions About Virginia Abduction Charges

Is kidnapping a separate crime from abduction in Virginia?

No. Virginia Code § 18.2-47 expressly states that “abduction” and “kidnapping” are synonymous terms under the Code. There is one statute, not two separate crimes.

What is the penalty for abduction of a child in Virginia?

As of the current Code of Virginia, abduction of a minor is a Class 2 felony, carrying a mandatory minimum of 20 years up to life in prison and a fine of up to $100,000 — a significant increase from the general Class 5 felony classification for abduction of an adult.

Can a parent be charged with abduction for taking their own child?

Yes, if there is an existing custody or visitation order and the parent’s conduct violates that order. Depending on whether the child is removed from Virginia, the offense is either a Class 1 misdemeanor or a Class 6 felony, in addition to possible contempt of court.

Does Virginia’s parental abduction law apply to grandparents or other relatives?

Yes. A 2024 amendment extended § 18.2-47(D) to cover family or household members, as defined in § 18.2-228, who have been awarded court-ordered custody or visitation, not just biological parents.

What must the prosecution prove to convict someone of abduction?

The Commonwealth must prove, beyond a reasonable doubt, that the defendant seized, took, transported, detained, or hid another person by force, intimidation, or deception, without legal justification, and with the specific intent to deprive that person of personal liberty, conceal them from someone lawfully entitled to their custody, or subject them to forced labor.

Is abduction a felony in Virginia?

In almost all circumstances, yes. The only misdemeanor version applies to a parent or family/household member with custody or visitation rights who violates a court order while keeping the child within Virginia.

Charged With Abduction in Williamsburg or Hampton Roads? Talk to a Defense Attorney Today

Abduction and kidnapping charges carry some of the harshest penalties in the Virginia Code, and recent legislative changes have made the stakes even higher, particularly in cases involving a minor. If you are under investigation or have been charged with abduction, aggravated abduction, or a related offense in Williamsburg, James City County, York County, Newport News, or the surrounding Hampton Roads area, the time to build your defense is now — before you speak with investigators or attend a preliminary hearing.

Contact our office today for a confidential consultation to discuss the specific facts of your case and your legal options.

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Imagine being charged with a felony—not for possessing a usable amount of narcotics, but for possessing nothing more than microscopic drug residue left in a baggie, straw, or other container.

That remains the law in Virginia.

During the 2026 General Assembly session, lawmakers passed House Bill 637, which would have recognized an important distinction between possessing a usable quantity of a controlled substance and possessing only residue. The bill would have created a separate misdemeanor offense for residue instead of allowing prosecutors to proceed under Virginia Code § 18.2-250. Governor Abigail Spanberger vetoed the legislation, leaving Virginia’s current law unchanged.

What Virginia Law Says

Virginia Code § 18.2-250 makes it unlawful to knowingly or intentionally possess a Schedule I or Schedule II controlled substance unless authorized by law.

Virginia appellate courts have long held that the Commonwealth is not required to prove a usable quantity of a controlled substance. A measurable or identifiable residue is sufficient to support a conviction if the substance can be identified as a controlled substance.

That means a person can face a felony prosecution based solely on trace amounts of narcotics remaining in a container or piece of paraphernalia.

The Punishment

Possession of a Schedule I or II controlled substance under Virginia Code § 18.2-250 is generally punishable as a Class 5 felony.

Here’s what makes that significant:

• Drug residue: Class 5 felony under § 18.2-250.
• Involuntary manslaughter: Also a Class 5 felony under Virginia Code § 18.2-36.

No, the crimes are not morally or factually equivalent. But under Virginia’s felony classification system, both offenses occupy the same felony level.

That comparison raises an important policy question:

Should possessing an amount of narcotics too small to use expose someone to the same felony classification as causing the death of another person through criminal negligence?

Reasonable people can disagree, but it is a question worth asking.

Why House Bill 637 Was Different

House Bill 637 sought to address this issue by distinguishing residue from possession of usable quantities of controlled substances.

Rather than eliminating criminal liability altogether, the legislation would have created a misdemeanor offense for possession of residue while preserving felony prosecutions for possession of actual quantities of controlled substances.

Supporters argued the change would better reflect proportional punishment and recognize the difference between trace contamination and meaningful drug possession.

Governor Spanberger disagreed.

In her veto message, the Governor stated that the bill would reduce prosecutors’ charging options, limit the ability to pursue felony convictions when appropriate, and could unintentionally affect eligibility for Virginia’s drug court programs.

The Debate Continues

The debate over drug residue is not about whether illegal drugs should be legal.

It is about proportionality.

Virginia law currently allows a person to be convicted of a Class 5 felony based on microscopic residue that cannot be consumed, sold, or used in any practical sense. House Bill 637 would have treated that circumstance differently from possession of an actual usable amount of narcotics.

With Governor Spanberger’s veto, Virginia remains one of the jurisdictions where residue alone may support a felony conviction under § 18.2-250.

Whether that reflects sound public policy is likely to remain a topic of debate in future legislative sessions.

The post Virginia Still Treats Drug Residue Like a Class 5 Felony: Why Governor Spanberger’s Veto Matters appeared first on Attorneys of Goff Voltin.

Few criminal charges are more misunderstood than obstruction of justice. Many people assume they can only be charged if they physically interfere with a police officer or help someone escape arrest. In reality, Virginia’s obstruction statute is much broader, and people are often charged during routine police encounters, traffic stops, or investigations.

If you have been charged with obstruction of justice in Virginia, understanding what the Commonwealth must prove—and what it does not have to prove—is critical to your defense.

What Is Obstruction of Justice?

Obstruction of justice is governed by Virginia Code § 18.2-460. The statute criminalizes several different types of conduct that interfere with law enforcement officers, judges, magistrates, jurors, or other public officials performing their lawful duties.

Not every disagreement with a police officer constitutes obstruction. The Commonwealth must prove the specific elements of the offense beyond a reasonable doubt.

The post Virginia Obstruction of Justice Laws: Charges, Penalties & Defenses appeared first on Attorneys of Goff Voltin.

When the Framers drafted the Fourth Amendment, they were reacting to the British Crown’s use of “general warrants”—broad authorizations allowing government officials to search first and justify later. Nearly 250 years later, the United States Supreme Court confronted the digital equivalent.

In Chatrie v. United States, the Court addressed one of the most important Fourth Amendment questions of the modern era: Can police obtain the location information of every cell phone near a crime scene in hopes of identifying a suspect?

The Court answered one question emphatically: Yes, obtaining geofence location data is a Fourth Amendment search. But it deliberately left another critical question for the lower courts: When, if ever, is a geofence warrant constitutionally reasonable?

What Is a Geofence Warrant?

Unlike a traditional warrant, a geofence warrant does not begin with a known suspect.

Instead, investigators identify a place and time—for example, a bank during the hour surrounding a robbery—and compel a technology company, such as Google, to disclose information about every device within that geographic area.

Only after reviewing the data do investigators determine who might become a suspect.

In other words, the investigation starts with everyone.

The post Chatrie Decision: Supreme Court Ruling on Geofence Warrants & Privacy Rights appeared first on Attorneys of Goff Voltin.

Serving Williamsburg, James City County, York County, Newport News, and the Hampton Roads region

A drunk or drugged driving crash that results in a death changes a Virginia DUI case from a misdemeanor matter into one of the most serious felony charges in the Commonwealth. Prosecutors in Williamsburg, James City County, York County, and Newport News pursue these cases aggressively, and the penalties can include decades in prison. If you or a family member is facing a DUI manslaughter charge, understanding how the law works is the first step toward building a defense.

What Is DUI Manslaughter Under Virginia Law?

Virginia does not have a separate crime called “DUI manslaughter” in the way some states do. Instead, the charge arises under Code of Virginia § 18.2-36.1 when a driver operating under the influence of alcohol or drugs unintentionally causes the death of another person. The statute treats this as a form of involuntary manslaughter that is specifically tied to impaired driving.

Virginia law recognizes two distinct levels of this offense, and the difference between them can mean the difference between a Class 5 felony and a far more severe unclassified felony.

The post Charged with DUI Manslaughter in Virginia? What You Need to Know appeared first on Attorneys of Goff Voltin.

Few criminal charges escalate an ordinary disagreement as quickly as a brandishing charge. What begins as a heated argument, road rage incident, neighborhood dispute, or confrontation at a business can result in an arrest for violating Virginia Code § 18.2-282.

Many people are surprised to learn that you do not have to fire a weapon—or even point it directly at someone—to be charged with brandishing in Virginia.

If you have been accused of brandishing a firearm, understanding the law is the first step toward protecting your rights.

What Is Brandishing Under Virginia Law?

Virginia Code § 18.2-282 makes it unlawful to point, hold, or brandish a firearm, air-powered weapon, or an object that appears to be a firearm in a manner that reasonably induces fear in another person. The statute also prohibits holding a firearm in a public place in a manner that would reasonably cause another person to fear being shot or injured. The law specifically recognizes an exception for individuals acting in excusable or justifiable self-defense.

Notice what the statute does not require:

• The firearm does not have to be loaded.
• The firearm does not have to be fired.
• The firearm does not even have to be capable of firing if it reasonably appears to be a real firearm.
• The alleged victim does not have to suffer a physical injury.

Instead, prosecutors generally focus on whether your conduct would have caused a reasonable person to fear immediate harm.

What Must the Commonwealth Prove?

To obtain a conviction, the Commonwealth generally must establish that:

• You pointed, held, or brandished a firearm or qualifying object;
• Your actions occurred in a manner that would reasonably induce fear in another person; and
• Your conduct was not justified by lawful self-defense.

The key phrase is “reasonably induce fear.”

This is an objective standard. The court does not simply ask whether someone claimed to be afraid. Instead, the judge or jury considers whether a reasonable person under the circumstances would have experienced fear.

Common Situations That Lead to Brandishing Charges

Brandishing cases arise in many different settings, including:

• Road rage incidents
• Parking lot disputes
• Domestic disagreements
• Arguments between neighbors
• Business confrontations
• Hunting disputes
• Self-defense situations where police later question whether force was justified

Often, both parties provide very different versions of what occurred. In many cases, there are no independent witnesses or video evidence, making credibility a critical issue.

Is Brandishing Always a Misdemeanor?

Usually, yes.

A violation of § 18.2-282 is generally charged as a Class 1 misdemeanor, which is the most serious misdemeanor offense in Virginia. A conviction carries potential penalties of:

• Up to 12 months in jail;
• A fine of up to $2,500; or
• Both jail time and a fine.

However, the charge becomes significantly more serious if the alleged offense occurs:

• On elementary, middle, or high school property; or
• Within 1,000 feet of school property.

Under those circumstances, the offense may be prosecuted as a Class 6 felony.

Can Openly Carrying a Firearm Lead to a Brandishing Charge?

Virginia generally permits open carry in many circumstances. However, lawful possession of a firearm does not automatically prevent a brandishing charge.

The issue is not simply whether you possessed the firearm—it is how you displayed or held it.

For example, exposing a firearm during a heated confrontation, reaching for it while threatening someone, or displaying it in a way that would reasonably place another person in fear may result in criminal charges even if you were otherwise legally carrying the weapon.

Self-Defense Is an Important Exception

Virginia law expressly recognizes that the brandishing statute does not apply to someone acting in excusable or justifiable self-defense.

However, claiming self-defense is not enough by itself.

Courts closely examine:

• Who initiated the confrontation;
• Whether there was an immediate threat;
• Whether displaying the firearm was reasonably necessary; and
• Whether the level of force was proportional to the threat.

Because self-defense cases are highly fact-specific, early investigation is often critical.

Possible Defenses to a Brandishing Charge

Every case is different, but common defenses may include:

Self-Defense

You reasonably believed displaying the firearm was necessary to prevent imminent harm.

Lack of Intentional Conduct

The firearm may have been accidentally exposed without any threatening behavior.

No Reasonable Fear

The evidence may show that your actions would not have caused a reasonable person to fear injury.

False Allegations

Brandishing accusations sometimes arise during contentious divorces, custody disputes, neighborhood conflicts, or personal disagreements.

Insufficient Evidence

Many cases depend entirely on conflicting witness testimony. If the Commonwealth cannot prove the charge beyond a reasonable doubt, the case may be dismissed or result in an acquittal.

Why You Should Take a Brandishing Charge Seriously

Even if no one was injured, a brandishing conviction can have lasting consequences, including:

• A permanent criminal record;
• Difficulty obtaining employment;
• Professional licensing issues;
• Immigration consequences for non-citizens; and
• Potential complications involving future firearm ownership or possession.

Because these consequences can extend well beyond the courtroom, it is important to treat the charge seriously from the beginning.

Contact an Experienced Virginia Criminal Defense Attorney

If you have been charged with brandishing a firearm under Virginia Code § 18.2-282, do not assume the case is straightforward. Many brandishing cases turn on witness credibility, surveillance footage, body camera recordings, and whether the display of the firearm was legally justified.

An experienced criminal defense attorney can evaluate the evidence, identify available defenses, negotiate with prosecutors when appropriate, and aggressively advocate for your rights in court.

If you or a loved one is facing a brandishing charge anywhere in Virginia, contact our office today to schedule a confidential consultation. The earlier you involve experienced counsel, the more opportunities there may be to protect your future.

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