Violent Crime Attorney in Fairfax
Serious Charges, Real Stakes, A Defense Team On Your Side
If you or someone you love has been accused of a violent offense in Fairfax County, your freedom, your record, and your future may feel uncertain. A single allegation can lead to arrest, strict bond conditions, protective orders, and the risk of a felony conviction. You do not have to face this alone. Our violent crime attorney in Fairfax at Lawrence, Smith & Gardner works to guide people through some of the most difficult moments of their lives.
Since 1982, our firm has defended individuals in Virginia courts who are dealing with serious criminal accusations, including violent charges. We understand how overwhelming it is to be taken into custody, to stand in front of a judge, or to see your name on a charging document. Our attorneys take a team approach to every case so you receive thoughtful strategy, careful preparation, and support at each step.
Don't wait while the state builds a case against you—speak with a Fairfax violent crimes lawyer now. At Lawrence, Smith & Gardner, we provide free consultations and a powerhouse defense backed by more than 40 years of experience. Reach out to us at (703) 382-5840 or through our online form to start your defense.
Understanding Violent Crime Laws in Virginia
Virginia law does not have a single "violent crime" statute; instead, it categorizes various offenses under Title 18.2 based on the use of force, the intent of the accused, and the resulting injury to the victim. A Fairfax violent crimes lawyer must be intimately familiar with the specific nuances of these statutes to determine the best path forward for your defense.
Most violent offenses are classified as felonies, which carry significantly harsher penalties than misdemeanors. Common categories handled by our firm include:
- Assault and Battery: While simple assault is a Class 1 misdemeanor, it can be elevated to a felony if committed against specific protected individuals or if it involves a hate crime.
- Malicious Wounding: Under Va. Code § 18.2-51, this involves shooting, stabbing, or wounding another with the intent to maim, disfigure, or kill. This is a Class 3 felony.
- Aggravated Malicious Wounding: If the victim suffers permanent and significant physical impairment, the charge is elevated to a Class 2 felony.
- Robbery: In Virginia, robbery is a common law crime punishable as a felony. It involves the taking of property through violence or the threat of violence.
- Abduction (Kidnapping): Defined as using force, intimidation, or deception to deprive another of their personal liberty.
- Homicide Offenses: These range from involuntary manslaughter to first-degree and aggravated murder (formerly known as capital murder).
Understanding the distinction between "malicious" and "unlawful" intent is often the cornerstone of a successful defense. "Malice" implies an act done with a cruel spirit and a heart regardless of social duty, whereas "unlawful" acts may occur in the heat of passion without premeditated malice. We meticulously analyze the facts of your case to argue for the lowest possible classification of any alleged offense.
Penalties and Collateral Consequences of Violent Crime Convictions in Virginia
Virginia's sentencing structure is notoriously strict, particularly for crimes involving violence. The "Class" system for felonies determines the range of time you may face in a state correctional facility.
- Class 1 felony: Punishable by life imprisonment and a maximum fine of up to $100,000.
- Class 2 felony: Carries a potential prison sentence of 20 years to life, with fines up to $100,000.
- Class 3 felony: Punishable by 5 to 20 years in state prison and a maximum fine of up to $100,000.
- Class 4 felony: Carries a possible sentence of 2 to 10 years in prison, with fines up to $100,000.
- Class 5 felony: Punishable by 1 to 10 years in prison, or up to 12 months in jail, and fines up to $2,500.
- Class 6 felony: Carries a possible sentence of 1 to 5 years in prison, or up to 12 months in jail, and fines up to $2,500.
Firearms Enhancements
Under Va. Code § 18.2-53.1, using or displaying a firearm during the commission of certain violent felonies triggers a mandatory minimum sentence of 3 years for a first offense and 5 years (recently increased to 10 years for certain subsequent offenses in 2025) for a second offense. These sentences must run consecutively to the sentence for the underlying crime.
Collateral Consequences
A conviction for a violent crime carries weight long after a sentence is served. A violent crime attorney in Fairfax must prepare you for these permanent changes:
- Loss of Civil Rights: You will lose the right to vote, serve on a jury, and hold public office.
- Firearms Prohibition: Felons are permanently barred from possessing firearms under both state and federal law.
- Employment and Security Clearances: Given Fairfax’s proximity to Washington D.C., many residents hold security clearances. A violent felony conviction is an automatic disqualifier for most government and contracting positions.
- Immigration Status: For non-citizens, violent crimes are often classified as "aggravated felonies" or "crimes involving moral turpitude," leading to mandatory deportation.
How Our Fairfax Defense Team Handles Violent Crime Cases
When you retain our firm to handle a violent charge, you do not get a single attorney working alone. At Lawrence, Smith & Gardner, we use a team structure that assigns at least two attorneys to every criminal case, supported by experienced staff. This gives your defense the benefit of multiple perspectives and careful review of the evidence from different angles.
Our work typically begins with a detailed review of the charging documents, police reports, and any available witness statements or video. We look for inconsistencies, gaps in the investigation, and legal issues that may affect how the case can proceed. Because our attorneys have been practicing criminal defense in Virginia courts for decades, we are familiar with common weaknesses in violent crime prosecutions and we know how to evaluate them.
As we analyze the case, we meet with you to understand your priorities. Some clients are primarily focused on avoiding jail time. Others are equally concerned about immigration consequences, security clearances, or professional licenses. We explain the potential paths, such as motions practice, negotiations, or trial, and we work to build a strategy that reflects your goals.
Over the years, our approach to violent crime defense has contributed to favorable outcomes that include dismissals, reductions from felonies to lesser offenses, and not guilty verdicts. Every case is different, and no particular result can be promised, but meticulous preparation and a coordinated team effort are at the heart of how we work to protect clients.
Secure a violent crime attorney in Fairfax who knows how to fight back. Call (703) 382-5840 or reach out online today to schedule your free consultation.
Hear From Our Happy Clients
At Lawrence, Smith & Gardner, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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Dear Mr. Brillantine and Mr. Smith,- Previous Client
Thank you so much for your time and effort in the past several weeks. I am forever grateful for your help! Thank you. -
Dear Mr. Smith,- Previous Client
I just wanted to drop you a note to express my thanks and appreciation for your professional and courteous help and service. The efficient way you and your staff handled my case, resulted in less anxiety for me. -
Dear Mr. Smith,- Previous Client
We just want to thank you for all your help in our son’s recent traffic case. Things were looking extremely bleak. However, thanks to your knowledge of the law, persistence, ability to talk to people, hard work and grace … What a relief it has been. We also appreciate the courtesy and professionalism of your wonderful staff. -
Dear Ron,- Previous Client
I am consumed with awe for your legal maneuvering to assist me in court yesterday. Thank you for making it possible for me to continue with my life. -
To Ron Smith,- Previous Client
I just wanted to extend my gratitude to you for representing me earlier this month when I went back to court to obtain my restricted license. I appreciate the courtesy and professionalism from you and your staff and under no circumstances hope to ever need your services for a serious matter like that again. -
Dear Mr. Smith,- Previous Client
Thank you for all your help. Please extend my thanks also to Martin for his patient support of an incoherent client, as well as to Lisa for her many phone calls. Thanks for that usually elusive gift … a second chance. -
Ron,- Previous Client
I can’t thank you enough for everything. If it weren’t for you I would be in a world of hurt today. I owe you so many thanks. If you ever need anything!! Please pass along all my thanks to your staff and co-workers. Please let Lisa I’m so sorry you missed her lunch too. Thanks again Ron you ROCK! -
Dear Mr. Smith,- Previous Client
I wanted to tell you how grateful I am for your help with my recent difficult situation. I was amazed at your skill and knowledge of the court system, and appreciative of your insight in these matters. I can look back on this experience as a valuable lesson and continue on with my life. Thank you for giving me that opportunity.
The Fairfax County Criminal Defense Process
The legal process for a violent crime in Fairfax is complex and involves multiple court levels. Our firm provides steady guidance through each phase:
- Arrest and Magistrate Hearing: After an arrest, you are taken before a magistrate who decides on your initial bond. Because violent crimes carry a "presumption against bail" in some cases, having a lawyer present for a formal Bond Motion in the General District Court is vital.
- Preliminary Hearing: This is a critical stage in the General District Court. The prosecution must present enough evidence to show "probable cause." This allows us to cross-examine witnesses and see the state’s evidence early.
- Grand Jury and Indictment: If the case is certified, a Grand Jury reviews the charges. If they return a "True Bill," the case moves to the Circuit Court.
- Discovery and Motions: We file motions to suppress evidence obtained through illegal searches or coerced confessions.
- Trial: You have the right to a trial by jury or by a judge. Virginia uses a bifurcated trial system, meaning the "guilt phase" and "sentencing phase" are separate.
What To Do After A Violent Crime Arrest In Fairfax
The hours and days after an arrest for a violent offense are often confusing and frightening. You may feel pressure to speak with police or to explain yourself to friends, family, or alleged victims. The choices you make during this period can strongly affect your case. Understanding a few core principles can help protect your rights.
Protect Your Rights From The Beginning
First, you have the right to remain silent and to request a lawyer. It is usually safer not to answer questions about the incident until you have spoken with counsel. Even statements that seem harmless or that you intend as an apology can be used out of context. Law enforcement and prosecutors may interpret your words differently than you expect, so we generally advise speaking with an attorney before giving any formal statement.
Prepare For Early Court Appearances
Second, your first appearances in Fairfax County courts are important. These hearings can involve bond, conditions of release, and protective orders. Having a violent crime defense lawyer Fairfax residents trust involved early can help you understand what will happen at each hearing and what information may be helpful to present regarding your background, employment, or community ties.
Avoid Common Mistakes After Arrest
Finally, avoid posting about the case on social media or trying to contact alleged victims directly if any order prohibits this. Digital communications can be obtained and used as evidence, and unauthorized contact can lead to additional charges or violations of court orders. When you reach out to our firm soon after an arrest, we can begin advising you on what to expect at upcoming court dates and how to avoid missteps that could make your situation worse.
Contact Our Defense Team To Discuss Your Violent Crime Case
A free consultation is a straightforward way to learn more about your options and to decide whether we are the right fit for you. During this conversation, you can share what has happened, ask questions, and receive an initial assessment of the issues in your case. There is no obligation, and your information is treated with respect and confidentiality. If you are searching for a violent crime defense Fairfax team that will stand with you, we invite you to contact us today.
To speak with our defense team about your case, call (703) 382-5840 or reach out online to schedule your free consultation.
What Sets Us Apart
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An Accessible Team With Direct Communication
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Free Initial Consultations for All Clients
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Numerous Positive Reviews from Our Clients
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A Diligent Approach to Each Case
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More Than 40 Years Serving Our Community