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Criminal Defense in Virginia — what to do right now

Right now, do one thing: stop talking to police about the facts. In Virginia you have the right to remain silent and the right to counsel, and anything you say can help supply the probable cause that certifies your felony to a grand jury at your preliminary hearing in General District Court. Politely say, 'I'm exercising my right to remain silent and I want a lawyer,' then stop. If you're being held, you'll be taken before a magistrate who sets bail, so be ready to give your ties to the community: job, address, family. Then call 1-844-690-0555 free, 24/7, to understand your charge, your bail posture, and your deadlines before your first court date.

The law in Virginia: Criminal Defense

Virginia sorts every crime into a six-class felony scale and a four-class misdemeanor scale. The line itself comes from Va. Code § 18.2-8: a felony is any offense punishable by death or confinement in a state correctional facility, and everything else is a misdemeanor. The felony classes and their punishment ranges live in § 18.2-10, and the misdemeanor classes in § 18.2-11. Where your charge lands on that scale is the single most important fact about your case, because it dictates which courthouse tries you, whether a jury is even possible, and how many years of exposure you carry. A Class 1 misdemeanor — the most common charge, covering simple assault and petit larceny — tops out at 12 months in jail and a $2,500 fine under § 18.2-11; a mid-level felony can mean decades.

Your charge also routes you through different courts. The General District Court handles all misdemeanors and traffic, and it conducts the preliminary hearing on felonies, deciding whether there is probable cause to send your case to a grand jury. It is not a court of record and has no juries. Felonies are actually tried in the Circuit Court, the court of general jurisdiction, which is where jury trials happen and where expungement and record-sealing petitions are filed. If you're a juvenile, the Juvenile and Domestic Relations District Court has original jurisdiction, though under Va. Code § 16.1-269.1 a child 14 or older charged with a felony-level act can be transferred to Circuit Court and tried as an adult after a transfer hearing.

Two clocks run from the start. Virginia's statutory speedy-trial rule, Va. Code § 19.2-243, requires the Commonwealth to bring a felony to trial within 5 months if you're held continuously in custody, or 9 months if you're on bond, measured from the probable-cause finding — and a violation means you are 'forever discharged from prosecution.' But defense continuances toll that clock, so a delay you request can quietly waive the very right meant to protect you. Separately, if you're convicted of a misdemeanor in General District Court, Va. Code § 16.1-132 gives you just 10 calendar days to note an appeal — which buys you an entirely new trial in Circuit Court.

If you can't afford a lawyer, Va. Code § 19.2-159 governs whether the court appoints one. People already receiving means-tested public assistance are presumed eligible; otherwise the judge measures your income against guidelines. Appointed counsel comes from the Virginia Indigent Defense Commission's public defender offices, or, where no public defender office exists, from court-appointed private attorneys. Knowing whether you qualify, and what to ask for at your first appearance, is exactly the kind of thing the free call can walk you through before you stand in front of a judge.

Key Statutes

Va. Code § 18.2-8 — defines a felony (state-prison punishment) vs. a misdemeanor
Va. Code § 18.2-10 — felony punishment by class (Class 1: life + up to $100,000; Class 6: 1–5 yrs or up to 12 mo. jail)
Va. Code § 18.2-11 — misdemeanor punishment (Class 1: up to 12 months jail + $2,500 fine)
Va. Code § 18.2-95 / § 18.2-96 — grand vs. petit larceny; $1,000 felony threshold
Va. Code § 19.2-120 — bail and the rebuttable presumptions against release
Va. Code § 19.2-243 — statutory speedy trial: 5 months in custody / 9 on bond

Courts & Agencies

General District Court — misdemeanors, traffic, and felony preliminary hearings (no jury)
Circuit Court — felony trials, jury trials, misdemeanor appeals tried de novo, expungement and sealing petitions
Juvenile & Domestic Relations District Court — juvenile delinquency and transfer hearings (§ 16.1-269.1)
Magistrate — issues warrants and sets initial bail at first contact
Virginia Indigent Defense Commission — public defender offices statewide; court-appointed counsel where none exists

Penalties & Deadlines

Misdemeanor appeal from General District Court: 10 calendar days, hard and jurisdictional (§ 16.1-132)
Class 5 & 6 felonies: felony term OR up to 12 months jail + $2,500 at the factfinder's discretion
Grand larceny ($1,000+): 1–20 years, or a misdemeanor-level sentence (§ 18.2-95)
No parole for felonies committed on or after Jan. 1, 1995 — sentences served at roughly 85%
Record sealing: new petition and automatic-sealing pathways take effect July 1, 2026 (expungement of no-conviction cases is available now)

The 'Wobbler' That Decides Whether You're a Felon

Here's what blindsides Virginia defendants: the same charge can leave court as a felony or as a misdemeanor-level sentence, and which one is a discretion call, not automatic. Virginia's Class 5 and Class 6 felonies are 'wobblers' under Va. Code § 18.2-10 — a judge or jury can impose the felony range (1–10 years for Class 5, 1–5 years for Class 6) OR cap it at up to 12 months in jail and a $2,500 fine. Grand larceny works the same way. That single decision controls whether you can vote, own a firearm, or pass a background check for the rest of your life. It is the most consequential lever in your case, and most people never know it exists. Before you walk into court, call 1-844-690-0555 free to understand where your charge sits and what's actually on the table.

Likely outcomes & penalties

Outcomes in Virginia turn on the class of your charge, your record, and the discretion points above. These are realistic statutory ranges, not promises — your facts are yours alone.

Class 1 misdemeanor (simple assault, petit larceny)

Up to 12 months in jail and/or up to a $2,500 fine under § 18.2-11. First-time, non-violent cases often resolve with probation, community service, or a deferred-dismissal arrangement rather than jail — but the conviction still shows on background checks until sealing pathways open July 1, 2026.

Grand larceny ($1,000+ of property)

A wobbler under § 18.2-95: 1 to 20 years in prison, OR a judge or jury may instead impose up to 12 months in jail and a $2,500 fine. Whether it lands as a felony or stays misdemeanor-level is the central fight in many theft cases.

Class 6 felony (the lowest felony tier)

1 to 5 years in prison, OR up to 12 months in jail plus a $2,500 fine at the factfinder's discretion. Because parole was abolished for offenses on or after Jan. 1, 1995, a prison sentence is served at roughly 85% of its face value.

Mid-to-high felonies (Class 2–4)

Class 4: 2–10 years; Class 3: 5–20 years; Class 2: 20 years to life — each with a fine up to $100,000 (§ 18.2-10). A Class 1 felony, such as aggravated murder, carries life imprisonment; Virginia abolished the death penalty in 2021.

Mistakes to avoid

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Talking your way through the arrest. Officers don't need a confession when an admission at the scene can supply the probable cause that certifies your felony to a grand jury at the preliminary hearing — silence is a right, so use it.

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Treating a General District Court misdemeanor conviction as the end. Under Va. Code § 16.1-132 you have only 10 calendar days to note an appeal, which gets you an entirely new trial in Circuit Court; miss that hard deadline and the conviction is final.

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Requesting your own continuances without understanding the speedy-trial trap. Under Va. Code § 19.2-243 a defense delay tolls the 5-month and 9-month clocks, so the deadline meant to protect you can be quietly waived by your own request.

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Assuming a charge is 'just a misdemeanor' when it's actually a Class 5 or 6 wobbler or grand larceny — failing to fight for the misdemeanor-level outcome can leave you a convicted felon when the law allowed otherwise.

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Counting on sealing your record before the new law is live. Virginia's broad record-sealing regime does not take effect until July 1, 2026 — today, only traditional expungement of no-conviction cases (acquittal, dismissal, nolle prosequi, absolute pardon) under § 19.2-392.2 is available.

How it works

Call 1-844-690-0555 — free, 24/7. No web form, no income test, no waiting for business hours. Call the moment you're arrested, released, or served, day or night, in your language including Spanish.

Talk to an AI legal assistant trained on Virginia + federal law. It explains your charge's class, your bail posture, your court (General District vs. Circuit vs. JDR), and your deadlines in plain English. This is legal information, not legal advice, and creates no attorney-client relationship.

Get matched with a Virginia criminal defense attorney if you want one. If your situation calls for a lawyer, we can help you book a paid consultation with a Virginia-licensed criminal defense attorney — a separate, optional step arranged right from the call.

Free & low-cost Criminal Defense help in Virginia

If you can't afford a private lawyer, Virginia has real options — from court-appointed public defenders to free record-relief help. These organizations are genuinely relevant to a criminal charge; the free call can help you figure out which one fits and whether you qualify.

Virginia Indigent Defense Commission

Provides criminal defense through public defender offices across the Commonwealth for people who cannot afford a lawyer; where no public defender office exists, the court appoints private counsel. Start here to find your local office and check eligibility.

Virginia Lawyer Referral Service (VLRS)

The Virginia State Bar's official referral service. Staff match you to a participating attorney, and the referral entitles you to an initial consultation of up to 30 minutes for no more than $35. Statewide: 1-800-552-7977.

Virginia Judicial System Court Self-Help Portal

The courts' official neutral self-help site, with criminal-case forms, plain-language how-to guidance, and a 'Find a Lawyer' page covering the General District and Circuit Court process.

Clean Slate Virginia

Plain-language guidance on Virginia record relief — what can be expunged now and how the broader sealing regime works once it takes effect July 1, 2026.

Justice Forward Virginia

Criminal-justice-reform nonprofit with accessible explainers on Virginia's larceny threshold, record relief, and how the criminal courts actually work.

Virginia State Crime Commission — Sealing of Criminal Records

The authoritative state source on the scope, eligibility, and 2026 effective date of Virginia's record-sealing law.

Virginia Rules — Criminal Law Basics

State-published, plain-language education on how Virginia criminal law and the courts actually work — useful background before your first court date.

FAQ — Criminal Defense in Virginia

I was just arrested in Virginia — what actually happens next?

You'll be taken before a magistrate who decides whether to release you and on what bail under Va. Code § 19.2-120. From there, a misdemeanor heads to General District Court; a felony gets a preliminary hearing there to test probable cause before going to a grand jury and on to Circuit Court. To understand your specific path and timing before it unfolds, call 1-844-690-0555 free, any hour.

Is my charge a felony or a misdemeanor in Virginia?

It turns on the statute you're charged under. Va. Code § 18.2-8 defines a felony as any offense punishable by death or confinement in a state correctional facility; everything else is a misdemeanor, graded Class 1 through 4 under § 18.2-11. Many charges — like theft — flip on a dollar threshold or the factfinder's discretion. Call 1-844-690-0555 free and an assistant trained on Virginia law can tell you which side of the line your charge falls on and what that means.

How do I get out of jail before trial?

A magistrate sets initial bail, but for serious enumerated offenses Virginia applies a rebuttable presumption against release under Va. Code § 19.2-120, so a bond motion in front of a judge is often the realistic path. There's no fixed clock, so that motion should be made fast. Call 1-844-690-0555 free to understand your bail posture and what to ask for.

What's the difference between grand and petit larceny in Virginia?

Under Va. Code § 18.2-95 and § 18.2-96, grand larceny is theft of $1,000 or more of property (the threshold was raised from $500 in 2020), $5 or more taken from a person, or any firearm regardless of value — a felony carrying 1 to 20 years. Below $1,000 it's petit larceny, a Class 1 misdemeanor. The line matters enormously. Call 1-844-690-0555 free to see where your case sits.

I was convicted in General District Court — can I appeal?

Yes, and Virginia gives you something most states don't: under Va. Code § 16.1-132, an appeal from a misdemeanor conviction in General District Court gets you a brand-new trial de novo in Circuit Court — a full second chance, even after a guilty plea. But you have only 10 calendar days to note it, and that deadline is hard and jurisdictional. Don't risk missing it — call 1-844-690-0555 free right away to understand the steps.

Can I get a court-appointed lawyer in Virginia, and do I qualify?

Possibly. Under Va. Code § 19.2-159, if you already receive means-tested public assistance you're presumed eligible; otherwise the judge weighs your income against guidelines. Appointed counsel comes from the Virginia Indigent Defense Commission's public defender offices, or court-appointed private counsel where there's no PD office. To understand whether you'll qualify and what to say at your first appearance, call 1-844-690-0555 free, 24/7.

What is Virginia's speedy-trial rule and how can I lose it?

Va. Code § 19.2-243 requires the Commonwealth to try a felony within 5 months if you're held continuously in custody, or 9 months if you're on bond, measured from the probable-cause finding — and a violation means you're 'forever discharged from prosecution.' The trap: a continuance your side requests pauses the clock, so your own delay can waive the right. Call 1-844-690-0555 free to understand how the clock applies to your case.

Can I clear or seal my Virginia criminal record?

Right now, only traditional expungement under Va. Code § 19.2-392.2 is available, and only for no-conviction outcomes — acquittal, dismissal, nolle prosequi, or absolute pardon. Virginia's broader record-sealing regime, which reaches many misdemeanors and some felonies, doesn't take effect until July 1, 2026. Don't rely on it before then. Call 1-844-690-0555 free to learn what relief is available to you today.

My child was charged — can they be tried as an adult in Virginia?

Juvenile cases start in the Juvenile and Domestic Relations District Court, but under Va. Code § 16.1-269.1 a child 14 or older charged with a felony-level act can be transferred to Circuit Court and tried as an adult after a transfer hearing — and a few of the most serious offenses, like aggravated malicious wounding or first-degree murder, route there automatically. The stakes are enormous. Call 1-844-690-0555 free to understand the process.

Does Virginia have a 'stand your ground' law if I acted in self-defense?

Virginia has no stand-your-ground statute; its self-defense law is built from court decisions. A non-aggressor who reasonably fears imminent death or serious bodily harm has no duty to retreat, but someone who was even partly at fault faces tighter rules. Because it's common-law and intensely fact-driven, the specifics of your situation matter. Call 1-844-690-0555 free for plain-English information on how Virginia self-defense actually works.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Charged With a Crime in Virginia? Know Your Next Move Before You Say a Word.