DUI/DWI
Many individuals charged with driving drunk have never been accused of a crime before. The process is stressful, frightening, and completely unfamiliar. Worse still, Virginia's DUI laws are strict, harsh, and remarkably complicated. Our attorneys have tried numerous DUI cases, and taught DUI law to the police and other attorneys. We utilize our immense knowledge and experience to put our clients' minds at ease and obtain favorable results.
Reckless Driving
In Virginia, simply exceeding the speed limit by twenty miles per hour or more is a misdemeanor, regardless of the conditions or the driver's skill. Virginia's traffic laws border on draconian, and prosecutors in many jurisdictions will not negotiate with you unless you are represented by an attorney. Our attorneys have spent years as prosecutors in the traffic courtroom trenches. We approach your case from every angle to reach a quick and positive outcome.
Drug Offenses
Despite a national push for drug policy reform, Virginia continues to embrace a "tough on crime" approach to drug-related offenses. Contrary to what many have read or heard, mandatory minimum sentences still exist and are alive and well in Virginia. However, these offenses can be difficult for a prosecutor to prove. We know the challenges prosecutors face, and use this information to your benefit.
Possession falls into one of two categories: (1) actual physical possession or (2) constructive possession. Actual physical possession means that the drug is found on the person. Constructive possession means that the person has “dominion and control” over the drug. The government may prove constructive possession by acts, declarations or conduct of the accused that demonstrates he or she was aware of the presence and character of the drug at the place it was found.
To prove possession with the intent to distribute, the government must prove the accused had the intent to distribute at the same time he or she possessed it. Proving intent can be difficult. Some of the factors considered are the quantity of the drug, how it was packaged, the presence of an unusual amount of cash, possession of multiple communication devices, and evidence suggesting personal use.
The legal definition of distribution is broad and includes sale, gift, exchange, and barter. While providing drugs to another without the intent to profit is not a defense, evidence of this type of “accommodation” can reduce the punishment.
Virginia Model Jury Instructions—Criminal
Violent Crimes
We have litigated numerous cases involving violent offenses, from assault and battery to first-degree murder. We understand these cases are often far from clear-cut. Many times, alcohol plays a significant role. Other times, individuals legitimately act in self-defense or in defense of others. Unfortunately, many of these cases have to be tried. If you're charged with a violent crime, it is critical that you have an experienced trial lawyer on your side.
In Virginia, the government must prove two elements for an assault and battery conviction: (1) the accused willfully touched another person without legal excuse or justification and (2) did so in an angry, rude, insulting, or vengeful manner.
Virginia Model Jury Instructions—Criminal (LexisNexis)
Most individuals arrested for domestic violence are charged with assault and battery of a family or household member. In addition to an assault and battery, the government must also prove that the victim was a spouse, former spouse, parent, stepparent, child, stepchild, sibling, half-sibling, grandparent, grandchild, in-law (if residing in the same household), a person with whom the accused has a child-in-common, a cohabitant, a cohabitant’s child, or a former cohabitant who resided with the accused within 12 months of the offense.
Malicious wounding is a felony that requires the government to prove that the accused (1) caused bodily injury to another, (2) intended to permanently maim, disfigure, disable, or kill, (3)and did so with malice. Oftentimes, the government encounters difficulty in proving that the accused intended to permanently, not just temporarily, harm another person.
