Avoid Jail: Virginia Beach Defense Lawyers

Overview of Virginia Criminal and Traffic
Incarceration/Penalties

In Virginia, felony charges are classified into six classes for
purposes of defining punishment: From Class 6 (being the least
serious) to Class 1 (being the most serious). All felonies carry the
possibility of incarceration, from periods of jail time, to prescribed
maximum prison terms, to life in prison, and in the case of capital
murder cases, the death penalty is applicable.

With respect to misdemeanors, Virginia classifies these offenses
into four classes, from Class 4 to Class 1 misdemeanors. Like
simple traffic infractions (improper lane change, etc.), first offense
Class 3 and 4 misdemeanors do not carry the possibility of jail
time, and are punishable by enumerated fines and terms of
partially suspended or suspended fines.

All Class 1 and 2 misdemeanors do carry the possibility of jail
time. All D.U.I, Reckless Driving and Driving on a Suspended
License cases are classified as Class 1 misdemeanors, at
minimum, and carry at least the maximum period of incarceration
for misdemeanors, which is 12 months jail time.

Additionally, certain Class 1 misdemeanor traffic matters carry
enumerated periods of mandatory incarceration for repeat
offenders and/or aggravated factors. Such mandatory time is
categorically mandated by the legislature of which the judiciary
has no discretion if the defendant is found guilty of the charged
offense.

No attorney can ever guarantee that a potential client, charged
with a jailable offense, will avoid incarceration. It is, however, in
your best interest to retain an experienced attorney who can
defend your case on its fact-specific circumstances.

In some instances the only way to avoid jail time is to achieve a
dismissal or reduction of the charge. An experienced Virginia
attorney who knows which legal defenses and technicalities apply,
can best assist you toward that goal.

Even if convicted, it is nevertheless in your best interest to have
an experienced attorney at your side in court, who knows which
instances allow for suspended jail time and/or alternative
sentencing options or other legal options, including the right of
appeal, to soften or deflect the blow if mandatory or
non-mandatory jail time is imposed. Copyright © Monte E. Kuligowski, P.C.