Virginia Beach VA Criminal Defense Lawyer
Riley & Wells Attorneys-At-Law represent clients charged with criminal offenses in Virginia Beach, Virginia. Our attorneys defend misdemeanor and felony cases involving theft, assault, drug charges, shoplifting, domestic violence, and other serious allegations. We represent clients in Virginia Beach courts and understand the local process, the practical issues that can affect a case, and the importance of preparing early before a court date.
Virginia Beach Defense Services
- Virginia Beach Overview
- Virginia Beach Shoplifting Lawyer
- Virginia Beach Traffic Lawyer
- Virginia Beach Reckless Driving Lawyer
- Virginia Beach Speeding Ticket Lawyer
- Virginia Beach DUI / DWI Lawyer
For broader statewide guidance, see our Virginia Criminal Defense Lawyer page.
Experienced Criminal Defense Attorney Serving Virginia Beach
We are top rated lawyers in VA Beach that defend criminal cases. Our Virginia Beach criminal defense firm has the skill to develop creative solutions to deliver personalized service after specializing in criminal law for over 60 collective years. Criminal trials are a complicated and specialized area of the law. Accomplished Virginia Beach Criminal Defense Attorneys know that people who are accused of a crime are most worried about losing their freedom and being incarcerated. We understand that people need clear answers to their legal questions as soon as they either become a target of a criminal investigation or are arrested. You can benefit from our experience. Retain an experienced lawyer with a track record of success.
Most Rated Defense Counsel for VA Beach Criminal Cases
VA Beach Criminal Lawyers Dedicated to Defending Your Best Interests
The criminal justice system can be overwhelming. If you are being investigated by law enforcement in VA Beach or have already been arrested then your prior acts may have been illegal. The best decision you can make now is to engage the best Virginia Beach VA criminal defense lawyer to protect you in your time of need. We will zealously represent and defend you through all of the stages of your case. Our Virginia Beach VA criminal lawyers successfully defend clients accused of criminal offenses before the VA Beach Courts every week. We believe that clients with criminal cases benefit when their lawyer specializes in criminal defense and regularly represents clients before the same Va Beach Judges every week.
Riley & Wells Attorneys-At-Law Defend VA Beach Criminal Charges
- Grand Larceny
- Receiving Stolen Property
- Prostitution
- Reckless handling of a firearm
- Reside in a Bawdy House
- Trespassing
- Vandalism
- Sex Offenses
- Worthless/Bad Checks
- Underage Possession of Alcohol
- Obstruction of Justice
- Conspiracy
- Brandishing a Firearm
- Shoplifting
- Sexual Battery
- Failure To Appear/Capias
- Possession of Marijuana
- Manslaughter
- DUI / DWI
- Petty Larceny
- Probation Violations
- Abduction
- Hit and Run
- False Statement on Firearm Form/Criminal History Consent Form (attempt to purchase/possess offenses)
- Discharging a gun in public
- Felony Offenses
- Misdemeanor Offenses
- Murder
- Protective Order/Violation
- Robbery
- Malicious Wounding
- Assault & Battery
- Forgery
- Fraud
- Solicitation of Prostitution
- Concealed Weapon
- Firearm Offenses
- False Pretenses
- Drugs
- Expungements
- Destruction of Property
- Felon in possession of a firearm
Free Consultation with Top Rated VA Beach Criminal Lawyers
Our Virginia Beach criminal defense lawyers offer a free no obligation consultation for those individuals who have found themselves in the unfortunate position of having to defend a criminal case. The biggest issues for most are the lack of experience and legal knowledge. The average person does not understand how to best defend a VA Beach criminal case. Our top rated experienced VA Beach criminal attorneys know the best tactics for obtaining the best results. We spend hours in the Virginia Beach Courts every week and are familiar with the habits of the different judges and the law enforcement officers who make the arrests. This specialized knowledge is invaluable in order to best defend your criminal case.
Frequently Asked Virginia Beach Criminal Law Questions
1. What is the difference between a VA Beach misdemeanor and a felony?
Misdemeanor:
- Maximum jail: 12 months
- Maximum fine: $2,500
Usually heard first in the Virginia Beach General District Court (GDC)
Examples:
- Reckless driving
- DUI/DWI
- Petit Larceny/Shoplifting < $1,000
- Assault & battery
- Driving suspended
Felony:
- Possible 1 year to life imprisonment
- Fines can exceed $2,500
- Preliminary hearings are usually held in the VA Beach GDC (JDR for juvenile & domestic relations matters)
- Trials are held in the Virginia Beach Circuit Court
Examples:
- Drug distribution
- Burglary
- Robbery
- Firearm by prohibited person
- $1,000+ theft
2. Do you get a jury trial in General District Court?
No. A bench or judge trial is only available in the General District Court or Juvenile & Domestic Relations District Court. Jury trials only happen in Virginia Beach Circuit Court.
3. What happens at a first appearance/arraignment/advisement in a Virginia Beach trial court?
Typical sequence:
- The Virginia Beach Judge advises the defendant of the charge
- Advises of constitutional right to attorney
- Determines bail or bond issues
- Sets next court date, which can either be a trial date or a preliminary hearing
- There is no trial at an arraignment/advisement.
4. Does the Virginia Beach Commonwealth’s Attorney have to give you evidence?
The VA Beach Commonwealth Attorney is required to comply with discovery rules in criminal cases if requested.
District Court Rule 7C:5 or Circuit Court Rule 3A:11
The clerk’s office does NOT provide evidence
Traffic infractions generally do not have discovery.
5. Can you go to jail for reckless driving in Virginia Beach ?
Yes. Reckless driving is a Class 1 misdemeanor criminal offense with the maximum penalty being 12 months in jail.
6. Can a conviction in Virginia Beach follow you to another state?
Yes. The reporting of the conviction is usually through the DMV database for traffic related cases and through the National Criminal Information Center (NCIC) database for criminal cases.
7. What happens for fail to appear?
The Virginia Beach Courts may issue a criminal bench warrant or capias for failure to appear. Military and out-of-state defendants are not exempt.
8. Can the VA Beach Commonwealth Attorney refile charges after dismissal?
The answer depends on the type of dismissal:
- If dismissed without prejudice then they can refile
- If the matter was nolle prosequi then they can refile
- If the matter was dismissed with prejudice then they cannot refile
- If the matter was dismissed and resulted in an acquittal after trial then they cannot refile due to double jeopardy.
9. Can you expunge a conviction in Virginia Beach?
No. Virginia Beach convictions cannot be expunged. Deferred dismissals also are not expungeable unless Va. Code 19.2-298.02 holds otherwise. Otherwise dismissed charges, nolle prossed charges, and not guilty verdicts are expungeable. Effective July 1, 2026, some convictions may be sealable. Allow one of our experienced Virginia Beach criminal lawyers to discuss how the expungement or sealing laws apply to your case.
VA Beach Criminal Attorneys Recognized by Virginia Super Lawyers
Super Lawyers is a rating service of outstanding lawyers from over 70 practice areas including criminal defense who have attained a high-degree of recognition and achievement. Super Lawyers recognizes the top lawyers nationwide across a variety of practice areas and firm sizes using a patented process of independent research and peer input. Our VA Beach criminal lawyers have been recognized as Virginia Super Lawyers since 2009 for criminal defense. No more than five percent of the lawyers in a state are named to Super Lawyers and no more than 2.5 percent are named to the Rising Stars list. This recognition is merit based. Retain a Virginia Beach VA criminal defense attorney who has been recognized as a Virginia Super Lawyer.
Virginia Beach VA Criminal Trial Courts Are Adversarial
If you have been charged with violating a Virginia Beach VA criminal law, then your case will eventually be set before the Va Beach Courts. Criminal cases are adversarial by design. This involves a structured and formalized dispute between the Va Beach Commonwealth Attorneys office and the defense. The adversarial system is designed to ensure a fair trial process subject to the rules of law and evidence by allowing each side to present their case and to be able to challenge the other’s arguments and evidence. Depending on the seriousness of the charges, the case may progress through many of the criminal justice system stages. The Va Beach Judge ultimately evaluates the evidence & arguments and makes a ruling.
Legal Elite Virginia Beach Criminal Defense Lawyer
Virginia Business is dedicated to covering legal activity in Virginia Beach VA. In association with the Bar Association, top rated Virginia attorneys from various practice areas including criminal defense have been recognized as Legal Elite since 2000. There are over 23,000 legal practitioners in the Commonwealth. Legal Elite recognitions are awarded to approximately 1400 lawyers each year. This is an exclusive list of top rated individuals who have been recognized by their peers for excellence. Only outstanding and experienced professionals are recognized for being Legal Elite. A lawyer cannot purchase his or her way in to being recognized as a member of the Virginia Business Legal Elite community. Retain a VA Beach Legal Elite criminal defense lawyer.
Felony & Misdemeanor Explained By Top VA Beach Criminal Lawyer
A criminal offense in VA Beach can either be a felony or a misdemeanor. Misdemeanor offenses are less serious crimes than a felony offenses. A misdemeanor conviction may involve a jail time, smaller fines, and other temporary punishments. A felony offense is more serious than a misdemeanor and is the most serious crime you can commit. A felony conviction may come with long prison sentences, fines, and potentially permanent loss of freedom. Both misdemeanors and felonies have various classifications levels. A criminal conviction can be life altering. In either case, it is imperative to consider the defense to your Virginia Beach criminal case carefully. Allow our top rated criminal defense lawyers in VA Beach to review your case.
Effective Criminal Defense Attorney in Virginia Beach
Criminal cases start with an investigation. Beach Police is the primary law enforcement agency that investigates criminal activity throughout the town. Criminal cases are prosecuted by the Virginia Beach Commonwealth Attorney’s Office. We have the experience, integrity, and expertise you need to protect your rights. We believe that our extensive experience with both of these offices make us better advocates. Do not trust your future with an attorney that either juggles many areas of law or simply does not possess the necessary experience. We are the criminal defense lawyers in VA Beach that you want on your side. NOTE: An arrest is not an automatic prison sentence.
“AV Preeminent” Rated Virginia Beach Criminal Attorneys
For over 135 years, Martindale-Hubbell has been the authority for evaluating legal professionals for ability and ethical standards through a Peer Review Rating system established by judges and attorneys. Riley & Wells Attorneys-A-Law are AV Preeminent® rated Virginia Beach criminal defense lawyers. The highest Martindale-Hubbell peer rating standard. This rating is given to those who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers. Retain a Martindale-Hubbell AV Preeminent rated Virginia Beach criminal lawyer for your case. Review the law firm’s legal rating and exercise caution before you secure representation with a firm that maintains an inferior rating for legal ability and ethical standards.
Virginia Beach Criminal Attorneys Defending Your Constitutional Rights
It is very important that you understand the various rights that the U.S. Constitution provides you if you have been accused of a Virginia Beach criminal offense. Certain parts of the Constitution’s Bill of Rights have had a major impact on the criminal justice system. Specifically, the fourth, fifth and sixth amendments of the Constitution have particular importance for those who have been accused of a crime. Our responsibility as your Virginia Beach VA criminal defense lawyer will be to assert and protect those rights at every stage of your case. This area of constitutional law is virtually impossible to learn without the assistance of a top rated professional. Contact us for a confidential case review.
5/20/2024 | Updated 3/24/2026