Start here: what a criminal charge in Virginia actually means
A quick walkthrough of what to expect from your case.
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A short overview of how a criminal case moves through the Virginia court system.
What most people don’t know about a criminal charge in Virginia
Most people facing a criminal charge in Virginia do not fully understand what they are up against. We know how the criminal justice system works because we have worked inside it.
For life
A felony conviction can cost you your right to vote, your right to own a firearm, and your professional license. These consequences follow you for decades.
Class 1–6
Virginia criminal offenses range from Class 4 misdemeanors to Class 1 felonies. Each class carries a different penalty ceiling and moves through a different court.
Public record
A criminal record can show up on background checks and affect employment, housing, security clearance, and immigration status.
At Critzer Cardani PC, we have spent over 40 years providing legal representation to people in Central Virginia criminal courts. The difference between a misdemeanor and a felony is not just a matter of seriousness; it determines which court hears your criminal case, what penalties you face, and how the conviction follows you afterward.
That distinction matters more than most people realize, and it is the first thing your criminal defense attorney should explain. The next section breaks down exactly what a misdemeanor and a felony mean for your case.
Misdemeanor or felony: what you’re actually charged with
A misdemeanor and a felony are not just different levels of seriousness, they move through entirely different courts, carry different consequences, and require different defense strategies.
Heard in General District Court
A misdemeanor case stays in General District Court. Penalties can include up to 12 months in jail and fines up to $2,500, depending on the criminal offense. Many misdemeanors can be resolved at this level without ever moving to a higher court.
Goes up to Circuit Court
A felony moves through a preliminary hearing, grand jury indictment, and Circuit Court. The penalties are more severe, which can include jail time measured in years, not months. A felony conviction can cost you your right to vote, your right to own a firearm, and your professional license.
How a charge gets reduced
Depending on the evidence, the circumstances, and how the defense is built, outcomes can include dismissal, reduction to a lesser criminal offense, or alternative sentencing. Your criminal defense attorney should be looking for every opening the prosecution left.
Penalties by class, and what follows you after
The penalty range for a criminal charge in Virginia depends on whether you are facing a misdemeanor or a felony. Here is what the system can impose, and what follows you long after the case is closed.
Class 2 misdemeanor
Class 1 misdemeanor
Class 6 felony
Class 5 felony
Class 4 felony
Class 3 felony
Good to know: If you are facing more than one criminal offense from a single incident, the penalties can compound. How those charges interact matters, and how your criminal defense lawyers negotiate this distinction directly affects the time you face.
The consequences that outlast the sentence
Beyond jail time and fines, a criminal conviction carries secondary consequences that most people do not think about until it is too late.
Criminal record
A conviction can show up on background checks for years. Depending on the outcome, expungement or record sealing may be possible later.
Employment
Professional license, career advancement, and hiring decisions are all affected by a conviction.
Security clearance
Federal and state security clearances can be revoked or denied based on a criminal record.
Housing
Rental applications and loan eligibility can be affected by a felony conviction.
Driver’s license
Certain convictions carry mandatory license suspension on top of whatever the court imposes.
Immigration status
A conviction can trigger deportation, denial of naturalization, or loss of visa status.
Here’s what happens next
Every criminal case in Virginia moves through a series of stages. Understanding where you are in that process helps you make better decisions about your defense.
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1
Arrest and bond
Whether you were arrested at the scene or received a summons to appear, the clock starts here. You have the right to remain silent and the right to an attorney, so exercise both.
What we do: We can argue for lower bond or personal recognizance if the circumstances support it.
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2
Arraignment
This is your first court appearance, where the charge is formally read.
What we do: We review the charging documents and begin building the foundation of your defense.
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3
Preliminary hearing
For felonies, the judge determines whether there is probable cause to send the case to the grand jury. For misdemeanors, your case may resolve here entirely.
What we do: We use this hearing to test the prosecution’s case and identify weaknesses early.
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4
Grand jury
A grand jury reviews the evidence and decides whether to issue an indictment. This moves your case from General District Court to Circuit Court.
What we do: We prepare for every stage of the process, whether the case resolves through negotiation or goes to a criminal trial.
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5
Plea negotiation or trial
This is the window where your criminal defense attorney reviews the evidence, identifies weaknesses in the prosecution’s case, and negotiates with the Commonwealth’s Attorney. You deserve a criminal lawyer who is ready to try the case.
What we do: We prepare every case as if it is going to trial, because that preparation is what produces better outcomes whether the case settles or not.
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6
Sentencing and what comes after
If convicted, sentencing follows. Your attorney’s job at this stage is to present mitigating factors and argue for the least restrictive outcome the law allows.
What we do: We advocate for alternative sentencing, reduced penalties, and every option available under the law.
How we defend a criminal case
Every criminal case gets the same careful preparation before we walk into court. The facts, the evidence, and the weaknesses in the prosecution’s case usually decide the outcome long before anyone argues in front of a judge.
We read the evidence first
We review every piece of evidence the prosecution has, such as witness statements, police reports, body camera footage, forensic results, and identify what supports your defense and what does not hold up.
We challenge the stop and the search
We examine whether law enforcement followed proper procedure during the stop, the search, the questioning. If your rights were violated at any point, that can change what evidence is admissible.
We know the prosecutor’s side
Kara Powell spent six years as an Assistant Commonwealth’s Attorney. She has seen criminal cases built from the prosecution’s side, the evidence they prioritize, the arguments they prepare, the weaknesses they hope you do not find.
We prepare every case for trial
From drug possession to assault to white collar crime, we prepare every criminal case as if it is going to a criminal trial. That preparation is what produces better outcomes whether the case settles or not.
Find your specific charge
Criminal defense is not one case type. The strategy that works for a drug possession charge is different from the one that applies to an assault case or a shoplifting arrest. That is why we build your defense around the specific criminal offense you are facing.
DUI defense
Charged with DUI in Virginia? The defense starts here.
Reckless driving
A Class 1 misdemeanor in Virginia, not a traffic ticket.
Juvenile criminal defense
Your child’s case is handled differently from an adult’s.
Speeding ticket defense
Speeding citations with criminal implications in Central Virginia.
Embezzlement
Professional and financial charges require discretion and a defense built around the specifics.
Drug possession
Penalties vary widely depending on the substance, the amount, and the charge level.
Assault and battery
From simple assault to malicious wounding, consequences range from fines to years in prison.
Shoplifting and petit larceny
A charge that feels minor can leave a permanent criminal record.
Who handles your case
Scott D. Cardani
Attorney, criminal defense
Scott has spent over two decades in Central Virginia courtrooms defending people facing criminal charges. He knows the judges, the prosecutors, and the way cases actually move through Manchester, Henrico, Chesterfield, and Goochland courts. When your case requires someone who will fight fiercely and show up prepared, Scott is that criminal defense attorney.
His paralegal, Coral Siegal, works alongside him from intake through resolution; when clients mention her by name in their reviews, it is because she earned it.
- Over two decades of criminal defense
- Every Central Virginia courtroom
- Trial-ready preparation, every case
Coral Siegal, Paralegal
Your day-to-day contact
Kara Powell
Attorney, criminal defense
Kara spent six years as an Assistant Commonwealth’s Attorney across two Virginia jurisdictions before joining Critzer Cardani PC. She has seen criminal cases built from the prosecution’s side, the evidence they prioritize, the arguments they prepare, the weaknesses they hope you do not find. That experience is now part of our legal service to you.
- Former Assistant Commonwealth’s Attorney
- Two Virginia jurisdictions
- Prosecution-side expertise
What our clients say
We know your courtroom
Where your case is heard matters. Every court in Central Virginia has its own rhythm: its own judges, its own procedures, and its own way of moving cases through the docket.
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Richmond, John Marshall Courts Building
General District and Circuit Court
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Henrico County Courts
General District and Circuit Court
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Chesterfield County Courthouse
General District and Circuit Court
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Hanover County Courthouse
General District and Circuit Court
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Goochland County Courthouse
General District and Circuit Court
Knowing a courtroom means more than just having been there. It means understanding how a particular judge runs their docket and what matters in that room on that day.
The questions people are afraid to ask
“Can I get a public defender instead?”
You can, and public defenders do important work. The structural difference is caseload. Many Virginia jurisdictions assign 100 to 400 or more active cases to a single public defender at any given time. When you hire a private criminal defense attorney, you get a team who knows your name, your criminal case, and your courtroom.
“Will you judge me for what I’m charged with?”
No. We have spent decades defending people facing every kind of criminal charge. We are not here to judge how you got here; we are here to help you figure out what comes next. We treat every client the way we would want someone we care about to be treated.
“I already talked to the police. Can you still help me?”
Yes. Many of our clients come to us after speaking with a law enforcement officer. What you said may or may not affect your criminal case, but it does not eliminate your options. We can assess the impact and build your defense from where things stand right now.
“What are the actual odds this gets dismissed?”
We are not going to give you a number. Any criminal lawyer who guarantees a dismissal before reviewing the evidence is not being honest with you. What we can tell you is that every case has weaknesses on both sides, and our job is to find every opening the prosecution left and use it.
Hear us talk it through
Scott and Jackie discuss real criminal defense scenarios on their podcast. Episode 82 on police questioning pairs directly with the objection above about talking to the police.
Ep. 15
What To Do When…
Criminal Law with Guest Russ Stone
Watch or listen
Ep. 63
What To Do When…
There’s a warrant for your arrest
Watch or listen
Ep. 82
What To Do When…
Police questioning: know your rights
Watch or listen
Ep. 47
What To Do When…
Expungement in Virginia
Watch or listen
Criminal defense questions, answered
That depends on the specific statute. A misdemeanor stays in General District Court with penalties up to 12 months in jail. A felony moves through Circuit Court with penalties that can include years in prison. Your criminal defense attorney can explain exactly where your charge falls.
You have the right to remain silent, and you have the right to have an attorney present during questioning. Know your rights before you respond to questioning; that is not about being uncooperative, it is about protecting yourself.
That depends on the evidence and what the prosecution offers. We prepare every criminal case as if it is going to a criminal trial, because that preparation produces better outcomes whether the case settles or not.
Virginia’s expungement laws depend on the outcome of your case and the type of charge. If your case was dismissed or you were acquitted, expungement may be available. Your criminal defense attorney can walk you through whether your situation qualifies.
A misdemeanor may resolve in a few weeks. A felony case involving a grand jury, preliminary hearing, and potential trial can take months. Your criminal defense lawyer can give you a realistic timeline based on the specifics of your case.
Yes. Many of our criminal defense clients come to us through a family member who made the first call. We can discuss the situation with you and explain what your loved one is facing, then speak directly with them when they are ready.
Multiple charges from a single incident are common, and the defense strategy needs to address all of them together, not one at a time. Your criminal defense lawyers should understand how the charges interact and where the strongest arguments exist across the full picture.
For criminal defense, we offer a free consultation at our law office and a flat fee structure. The specific fee depends on the charge and complexity and is discussed during your consultation.
About results. The information on this page is general in nature and is not legal advice specific to your situation. Past results do not guarantee a similar outcome. Every case depends on its own facts.
