Reston Criminal Defense Lawyer | Criminal Defense Attorney

People never expect to be the target of a criminal investigation or to be charged with criminal offenses. Unless you are legally trained, you will not know how to deal with police and/or prosecutors. At each phase of the criminal process, the investigation, pretrial, trial and post-trial, you will need the guidance and advice of an experienced criminal defense lawyer.

A Reston criminal defense lawyer will work with you to prepare a strategy, conduct an investigation, review the government’s case against you and defend your rights and freedom. With the help of a skilled attorney, you will be prepared to face, challenge and prevail against any charges brought against you.

What To Know About Criminal Charges

Depending on the specific type of crime, the number of charges, the penalties can greatly vary and can include fines and prison time. Misdemeanor charges typically carry shorter sentences, less than one year in prison, and fines, sometimes with the possibility of probation. In contrast, felonies tend to result in longer sentences and higher fines. The class of offenses are the following:

For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.
For Class 3 misdemeanors, a fine of not more than $500.
For Class 4 misdemeanors, a fine of not more than $250.
For Class 1 felonies, death, if the person so convicted was 18 years of age or older at the time of the offense and is not determined to be mentally retarded pursuant to § 19.2-264.3:1.1, or imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. If the person was under 18 years of age at the time of the offense or is determined to be mentally retarded pursuant to § 19.2-264.3:1.1, the punishment shall be imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000.
For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.
For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

Guilty Beyond a Reasonable Doubt Standard

The standard the prosecution must meet to convict a person of a crime is guilt beyond a reasonable doubt—a relatively high legal threshold. This means that the government needs to put forth evidence to convince a jury beyond a reasonable doubt that the person charged is guilty of the crime.

Intent

Most crimes have a mental state requirement of intention (mens rea). Mens rea is the unlawful intent or design necessary to any criminal act, meaning the person accused must have intended to take the illegal action, even if they did not mean to break the law or harm a specific person. In Virginia, the concept of “mens rea” is a fundamental principle of criminal law. “Mens rea” is a Latin term that translates to “guilty mind,” and it refers to the mental state or intent of a person at the time they committed a crime. It is a critical element that the prosecution must prove to secure a conviction in most criminal cases.

Each criminal offense requires that the prosecutor prove beyond a reasonable doubt each element of a crime, either by direct or circumstantial evidence. A criminal defense attorney in Reston will review the evidence against you, the evidence you have in your favor, the elements of the crime, and any legal and constitutional issues you may have.

The Role of an Attorney

The first step a defense lawyer may take on your behalf is to gather and preserve evidence. Because evidence can be destroyed, memories can fade, it’s important to start working on your defense immediately. A criminal defense lawyer can assist you during an investigation. A criminal defense lawyer can help you in deciding whether and to what extent you should cooperate with an investigation. They can also advise you on how to protect yourself during an investigation. Additionally, an attorney can serve as a buffer between you and law enforcement, thereby requiring all communications to go through your attorney.

Once charged, a criminal defense lawyer can assist you in obtaining bail, in obtaining & reviewing discovery, filing any pretrial motions, gathering & preserving evidence, locating witnesses, and creating an overall defense strategy.

Talk to a Reston Criminal Defense Attorney Today

When you are charged with a criminal offense, you risk losing your livelihood and freedom. The state of Virginia has extensive resources to prosecute criminal cases, and without adequate legal representation, you could jeopardize your liberty, financial well-being, and future.

Having a Reston criminal defense lawyer on your side could provide peace of mind, knowing that you have an experienced and tenacious attorney who is ready to defend your case and advocate for the best possible outcome. To learn more about what legal counsel could do for you, speak with the accomplished legal team at The Leiva Law Firm and schedule a consultation today.