Criminal Defense Lawyer in Fauquier County, Virginia
Virginia Criminal Law in Fauquier County
Virginia classifies criminal offenses into misdemeanors and felonies, with penalties defined in Va. Code Title 18.2. A Class 1 misdemeanor, such as simple assault or petit larceny under $1,000, can result in up to 12 months in jail and a $2,500 fine. A Class 5 felony carries 1-10 years in prison. The Fauquier County Commonwealth’s Attorney prosecutes these cases at the Fauquier County General District Court located at 6 Court Street, Warrenton, VA 20186.
Last verified: March 2026 | Fauquier County General District Court | Virginia General Assembly statutes
Official Legal Resources
For the official Virginia criminal statutes, refer to the Va. Code Title 18.2 (Crimes and Offenses) on the Virginia General Assembly website. For Fauquier County court information, visit the Fauquier County General District Court website.
Fauquier County Court Process
Your case begins with an arrest or summons. You will have an initial appearance before a magistrate who may set bond. For misdemeanors, your trial will be at Fauquier County General District Court. For felonies, a preliminary hearing occurs there before potential transfer to Fauquier County Circuit Court for jury trial.
- Attend your arraignment date at 6 Court Street, Warrenton. Plead not guilty to preserve all rights.
- Request discovery from the Commonwealth’s Attorney to review the evidence against you.
- File pre-trial motions to challenge evidence or procedural errors.
- Negotiate with the prosecutor for a reduction, amendment, or diversion program.
- Prepare for trial if no acceptable plea agreement is reached.
- If convicted in GDC, you have the right to appeal to Fauquier County Circuit Court for a new trial.
Potential Penalties in Fauquier County
In Fauquier County, criminal charges carry significant penalties: a Class 1 misdemeanor means up to 12 months in jail and a $2,500 fine, while a Class 5 felony carries 1-10 years in prison.
| 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 typically | Protective order possible |
| Petit Larceny under $1,000 (Va. Code § 18.2-96) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Restitution required |
| Grand Larceny $1,000+ (Va. Code § 18.2-95) | Felony (Class 6 or 5) | 1-10 years | Discretionary | None | Felony record |
| Driving on Suspended (Va. Code § 46.2-301) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Additional suspension | Mandatory minimum jail for certain suspensions |
Results may vary. Case outcomes depend on specific facts and evidence.
Bond amount is set by a magistrate after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors. Secured bond (requiring a bail bondsman who charges approximately 10%) is typical for felonies. You can appeal bond to Fauquier County General District Court.
Our Criminal Defense Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our attorneys have over 120 years of combined legal experience. We focus on providing full representation in criminal matters. Our approach is case-specific, built on direct knowledge of how prosecutors build cases.
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
Case Results in Fauquier County
Law Offices Of SRIS, P.C. has 1 documented criminal defense result in Fauquier County: 1 case reduced or amended, achieving a 100% favorable outcome rate for this locality. Firm-wide across VA, MD, NJ, NY, and DC, we have handled 4,739+ cases with a 93%+ favorable outcome rate.
Results may vary. Prior results do not aim for a similar outcome.
Serving Fauquier County
Our Fairfax location serves clients at the Fauquier County courts (6 Court Street, Warrenton). We represent individuals in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. As a criminal defense lawyer near Fauquier County, we offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Phone: (888) 437-7747 | Local: (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 (bail bondsman charges approximately 10%); public defender eligibility based on income; court-appointed attorney fee: $120 (misdemeanor) to $445+ (felony).
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) Contact SRIS 24/7 at (888) 437-7747 for a Consultation by appointment.
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
For more information, see our Virginia criminal defense lawyer hub page. We also serve nearby areas including Fairfax County criminal defense lawyer and Prince William County criminal defense lawyer. In Fauquier County, we handle related matters such as DUI/DWI defense and family law. Learn more about attorney Kristen Fisher’s background.
Last verified: March 2026. Information current as of March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.