Criminal Defense Lawyer in Fauquier County, Virginia
Virginia Criminal Law in Fauquier County
Virginia criminal law is codified in Title 18.2 of the Virginia Code. The Commonwealth classifies offenses as misdemeanors (Class 1-4) or felonies (Class 1-6). In Fauquier County, the Commonwealth’s Attorney prosecutes all criminal cases, which are heard at either Fauquier County General District Court for misdemeanors or Fauquier County Circuit Court for felonies.
Last verified: March 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
For the complete Virginia criminal statutes: Va. Code Title 18.2 (official Virginia General Assembly).
Fauquier County court information: Fauquier County General District Court website.
Fauquier County Court Process
Fauquier County General District Court handles all misdemeanor trials and felony preliminary hearings. Fauquier County Circuit Court handles felony jury trials and all GDC appeals. The Commonwealth’s Attorney for Fauquier County prosecutes cases at 6 Court Street, Warrenton.
- Initial appearance and bond hearing: Appear before a magistrate within 24 hours of arrest for bond determination. Personal recognizance is common for first-offense misdemeanors.
- Arraignment and plea entry: Attend arraignment at Fauquier County General District Court. Enter a plea of not guilty to preserve all defense options.
- Discovery review and motion filing: Review all prosecution evidence. File appropriate motions to suppress evidence or dismiss charges based on procedural errors.
- Negotiation or trial preparation: Engage in plea negotiations with the Commonwealth’s Attorney. Prepare for trial if no acceptable offer is made.
- Trial or disposition: Proceed to bench trial in General District Court or request jury trial in Circuit Court for offenses carrying jail time.
Criminal Penalties in Fauquier County
In Fauquier County, criminal offenses carry varying penalties: Class 1 misdemeanor up to 12 months jail/$2,500 fine; Class 5 felony 1-10 years; Class 6 felony 1-5 years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Assault & Battery (Va. Code § 18.2-57) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Protective order, no contact with victim |
| Petit Larceny under $1,000 (Va. Code § 18.2-96) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Restitution, permanent criminal record |
| Grand Larceny $1,000+ (Va. Code § 18.2-95) | Felony (Class 5 or 6) | 1-10 years (Class 5) or 1-5 years (Class 6) | Court discretion | None | Restitution, felony record, loss of voting rights |
| Driving on Suspended (Va. Code § 46.2-301) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Additional suspension | Vehicle impoundment, mandatory minimum jail for subsequent offenses |
Results may vary. Prior results do not aim for a similar outcome.
Our Criminal Defense Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm combines over 120 years of legal experience with 4,739+ documented case results firm-wide. We maintain a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Global advocacy. Local precision.
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
Fauquier County Case Results
Law Offices Of SRIS, P.C. has 1 documented criminal defense result in Fauquier County: 1 charge reduced/amended (100% favorable outcome rate).
Results may vary. Prior results do not aim for a similar outcome.
Criminal Defense Lawyer Near Fauquier County
Our Fairfax location serves clients at Fauquier County courts (6 Court Street), accessible via I-66, Route 29, Route 17, Route 28, and Route 211.
Criminal defense lawyer near Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
We serve the Fauquier County area and surrounding communities including Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Phone: (888) 437-7747 | (703) 636-5417
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Fauquier County, Virginia?
A Class 1 misdemeanor in Fauquier County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Fauquier County General District Court (6 Court Street, Warrenton, VA 20186). 1 documented results: 1 reduced/amended (100% favorable outcome rate).
Can criminal charges be expunged in Fauquier County, Virginia?
Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Fauquier County Circuit Court. First-offense marijuana possession may qualify through deferred disposition. 1 documented results: 1 reduced/amended (100% favorable outcome rate).
How does bail work in Fauquier County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Fauquier County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Fauquier County General District Court. Bond amount set by magistrate at arrest — personal recognizance for many first-offense misdemeanors; secured bond typical for felonies.
Do I need a criminal defense lawyer in Fauquier County, Virginia?
Criminal charges in Fauquier County are prosecuted by the Commonwealth’s Attorney and heard at Fauquier County General District Court (6 Court Street, Warrenton, VA 20186). Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. 1 documented results: 1 reduced/amended (100% favorable outcome rate).
What is the difference between GDC and Circuit Court in Fauquier County?
Fauquier County General District Court handles misdemeanor trials and felony preliminary hearings. Fauquier County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time. Fauquier County General District Court (6 Court Street, Warrenton, VA 20186) is the GDC location.
Related Legal Services
Virginia Criminal Defense Lawyer |
Fairfax County Criminal Defense Lawyer |
Fauquier County DUI/DWI Lawyer |
Attorney Kristen Fisher Profile |
Fairfax Office Location
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.