CRIMINAL/TRAFFIC VIOLATION

At Leiva & Marks we understand that when facing criminal charges, one can feel overwhelmed. State and federal prosecutors have a large staff of lawyers, police and agents, sophisticated crime labs and experts at their disposal, and a huge budget. This gives them a tremendous advantage because our legal system is based on an adversarial process. Unfortunately, if a defendant cannot challenge the government's case, or submit his or her own witnesses, then the Judge or jury by default will probably accept as true whatever evidence the prosecutor produces. In order to overcome this advantage, we challenge state and federal prosecutors on all aspects of a case and often discover that the facts as alleged are not necessarily accurate.

As such, when confronting the challenges presented in a criminal case, our strength lies in preparation, investigation, motion practice, and trial presentation. In doing so, we can assure you that you will receive the highest quality representation. We represent clients in all types of state and federal criminal proceedings in Virginia, from minor infractions and misdemeanors to serious felonies, including:

• Homicide
• Sex Offenses
• Domestic Violence
• DUI/Drunk Driving
• Reckless Driving
• Driving on a Suspended License
• Driving without a valid driver's license
• Burglary/Robbery
• Drugs
• Juvenile
• Assault & Battery
• Embezzlement/Theft/Shoplifting
• White Collar Crimes

In Virginia, criminal offenses are prosecuted as either misdemeanors or felonies. Misdemeanors range from Class 4 misdemeanors up to the highest misdemeanor which is a Class 1 misdemeanor. Likewise, felonies range from Class 6 to Class 1 felonies. The possible ranges of punishment are as follows:

The authorized punishments for conviction of a misdemeanor are:

1. 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.
2. 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.
3. For Class 3 misdemeanors, a fine of not more than $500.
4. For Class 4 misdemeanors, a fine of not more than $250.

The authorized punishments for conviction of a felony are:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.