Darrell J. Miller
Wendy L. Laster
Legal Services 
Criminal & Traffic Defense
Criminal & Traffic Defense
| Criminal & Traffic Defense Attorneys |
Virginia's criminal and traffic laws are among the strictest in the nation. You need an experienced criminal defense or traffic defense attorney to represent you by performing extensive preparation for your case. Working hard and doing everything necessary before going to trial to give you your best chance at winning your case. Having good criminal defense attorneys on your side makes all the difference in a legal situation that quite often affects everything about your life.
Virginia Traffic Offense Maximum PunishmentsThe maximum punishments for DUI, DWI, Reckless Driving, and Driving on a Revoked or Suspended License, under Virginia state law are as follows:DUI, DWI: First Offense: Class 1 Misdemeanor: up to one year in jail (mandatory jail periods if BAC 0.15 or above), and/or up to $2,500 fine imposed by the Court, and/or up to one year loss of license (Virginia license holders) or up to one year loss of right to drive in Virginia (non-Virginia license holders), and mandatory Alcohol Safety Action Program (ASAP). Second or Subsequent Offenses: consult with an attorney. Reckless Driving: First Offense: Class 1 Misdemeanor: up to one year in jail, up to $2,500 fine imposed by the Court, and/or up to six month loss of license (Virginia license holders) or up to six month loss of right to drive in Virginia (non-Virginia license holders). Second or Subsequent Offenses: consult with an attorney. Driving on a Revoked or Suspended License: First or Second Offense: Class 1 Misdemeanor up to one year in jail, and/or up to $2,500 fine imposed by the Court, and/or license suspension for the same period for which it had been previously suspended or revoked (or up to 90 days if the suspension or revokation was indefinite) Third or Subsequent Offenses: Class 1 Misdemeanor with minimum, mandatory jail time of 10 days (cannot be suspended by the Judge). In addition to these punishments, conviction on DUI, DWI, Reckless Driving, or Driving on a Revoked or Suspended License charges could impact one's career, security clearance and insurance costs. The stakes are too high for you not to be represented by the experienced and knowledgeable Virginia traffic defense attorneys of Miller, Walsh & Kutz. Virginia Criminal Offense Maximum PunishmentsWhat is the Difference Between Misdemeanors and Felonies Under Virginia Law? Felony and misdemeanor crimes are distinguished under Virginia law by the maximum punishment one can receive for each. Felonies are crimes punishable by imprisonment for more than 12 months or even by death. Misdemeanors are crimes punishable by no more than 12 months in jail. Jail sentences for misdemeanors are served at local facilities (county or regional jails), while incarceration for felonies usually occurs in state correctional facilities (prison). Misdemeanors are divided into four classes, with maximum punishments as follows: Class 1 Misdemeanor: 12 months in jail; $2,500 fine Class 2 Misdemeanor: 6 months in jail; $1,000 fine Class 3 Misdemeanor: $500 fine Class 4 Misdemeanor: $250 fine Felonies are divided into six classes, with maximum punishments as follows: Class 1 Felony: Death, if older than 16 at time of offense and not mentally retarded; or life imprisonment and/or $100,000 fine Class 2 Felony: 20 years to life imprisonment and/or $100,000 fine Class 3 Felony: 5 - 20 years imprisonment and/or $100,000 fine Class 4 Felony: 2 - 10 years imprisonment and/or $100,000 fine Class 5 Felony: 1 - 10 years imprisonment or 12 months in jail and/or $2,500 fine Class 6 Felony: 1 - 5 years imprisonment or 12 months in jail and/or $2,500 fine Certain crimes, such as grand larceny, are called “unclassified felonies,” because the punishment for conviction of these crimes is defined by the specific Virginia statute criminalizing the offense, different from the general guidelines described above. |