Underage Possession Defense Lawyer Virginia Beach — What Are the Consequences for a Minor?
Underage possession of alcohol is a Class 1 misdemeanor in Virginia Beach under Va. Code § 4.1-305, carrying up to 12 months in jail, a $2,500 fine, and a mandatory driver’s license suspension. Law Offices Of SRIS, P.C. provides a strong defense for minors facing these charges at Virginia Beach General District Court.
Virginia Law on Underage Possession of Alcohol
Virginia law strictly prohibits the possession of alcoholic beverages by any person under 21 years of age. The primary statute is Va. Code § 4.1-305. This law makes it illegal for a minor to purchase, attempt to purchase, or possess any alcoholic beverage. The statute defines possession broadly, meaning the alcohol was under the minor’s control, whether on their person, in a vehicle, or in a location they control.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Founded in 1997, Law Offices Of SRIS, P.C. has extensive experience defending juvenile and young adult clients. Mr. Sris, the firm’s founder and a former prosecutor, understands how these charges are prosecuted and how to build an effective defense strategy.
Official Legal Resources
For the official text of the law, refer to the Virginia Code § 4.1-305. Court procedures and locations can be found on the Virginia Beach General District Court website.
Defending an Underage Possession Charge in Virginia Beach
A key local procedural fact is that Virginia Beach General District Court handles all misdemeanor underage possession cases. Prosecutors may offer first-offender programs under Va. Code § 19.2-303.2, which can lead to dismissal upon completion of terms like community service and alcohol education. An underage possession defense lawyer Virginia Beach from our firm will examine whether the stop or search was lawful and if the prosecution can prove you knowingly possessed the alcohol.
- Initial Consultation: Contact an attorney immediately after a citation or arrest to discuss the details of your case.
- Case Review: Your lawyer will review the police report, challenge the legality of the stop or search, and identify weaknesses in the evidence.
- Court Appearance: Your attorney will represent you at the Virginia Beach General District Court arraignment and all subsequent hearings.
- Negotiation & Strategy: We will negotiate with the Commonwealth’s Attorney for a reduction, dismissal, or entry into a first-offender program.
- Resolution: Work toward the best possible outcome, whether through trial, plea agreement, or program completion.
Penalties for Underage Alcohol Possession in Virginia
In Virginia Beach, underage possession of alcohol is a Class 1 misdemeanor punishable by up to 12 months in jail, a fine of up to $2,500, and a mandatory driver’s license suspension of at least six months and up to one year.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Underage Possession of Alcohol (Va. Code § 4.1-305) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Mandatory 6-12 month suspension | Permanent criminal record, possible alcohol education program |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Beach Defense Team
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to every case. We have a documented record of favorable outcomes for clients across Virginia, Maryland, New Jersey, New York, and Washington D.C. Our approach is built on a deep understanding of the law and a commitment to protecting our clients’ futures. For a minor in possession defense lawyer Virginia Beach, our knowledge of local court procedures is critical.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results for Underage and Minor Offenses
Our firm has successfully defended clients against various charges. In one case in Bedford County, a charge for a minor in possession was taken under advisement and dismissed after the client completed 50 hours of community service. In other jurisdictions, we have secured dismissals (nolle prosequi) for charges like “No Registration Card/License in Possession.” While these results are from specific cases, they demonstrate our approach to seeking positive resolutions.
Results may vary. Prior results do not guarantee a similar outcome.
For juvenile alcohol charge lawyer Virginia Beach representation, it is essential to act quickly to protect your child’s record. Our secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions who provides strategic oversight.
Contact Our Virginia Beach Underage Possession Defense Lawyers
Our Richmond location serves clients in Virginia Beach and the surrounding communities. We are accessible via I-264, I-64, and Route 44. If you need an underage possession defense lawyer Virginia Beach near the Virginia Beach Oceanfront or Town Center, contact us for a consultation.
Neighborhoods Served: Virginia Beach, Sandbridge, Oceana.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions: Underage Possession in Virginia Beach
Is underage possession of alcohol a misdemeanor in Virginia?
Yes. Under Va. Code § 4.1-305, possession of alcohol by a person under 21 is a Class 1 misdemeanor. This can mean up to 12 months in jail, a $2,500 fine, and a mandatory driver’s license suspension for six months to a year.
Can an underage possession charge be expunged in Virginia?
It depends. Expungement under Va. Code § 19.2-392.2 is generally available if the charge is dismissed, you are found not guilty, or the prosecutor enters a nolle prosequi. A conviction is typically not eligible for expungement, making a dismissal or not-guilty verdict crucial.
Will my child go to jail for a first-time underage possession charge?
For a first offense, incarceration is uncommon if there are no aggravating factors. The court often focuses on fines, license suspension, and alcohol education. An experienced minor in possession defense lawyer Virginia Beach can advocate for alternatives like community service to avoid jail time.
What is the driver’s license penalty for underage possession?
The court is required by law to suspend the driver’s license of any person convicted under Va. Code § 4.1-305. The suspension period is a minimum of six months and can be up to one year. A restricted license for limited purposes may be available.
Should I hire a lawyer for a minor alcohol charge in Virginia Beach?
Yes. Even a misdemeanor charge can have long-term consequences on education, employment, and driving privileges. A juvenile alcohol charge lawyer Virginia Beach can work to have the charge reduced or dismissed, potentially avoiding a permanent criminal record and license suspension.
Internal Resources: For more information on criminal defense in Virginia, see our Virginia Criminal Defense hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. For related legal issues in Virginia Beach, consider our DUI defense and reckless driving defense services.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding underage possession charges.