Ashburn, VA Criminal Defense Attorney

Not everyone who is charged with a crime is guilty. Our criminal justice system is based on the idea that every accused person should be presumed innocent until the state has proven him or her guilty beyond a reasonable doubt. However, you might not be treated like a potentially innocent person after an arrest. The police are experienced in making suspects feel as though they are doomed to be convicted. The court may place you under pretrial supervision, meaning that you will be treated like you are on probation when you have not yet had a chance to defend yourself.

Dedicated Ashburn, VA criminal defense lawyer Kaveh Noorishad will help you fight back against your charges. At Noorishad Law, P.C., we believe that no case is hopeless. Attorney Noorishad works to make the impossible possible in criminal cases. He will create the right defense strategy for you. Whether that means taking your case to trial and asserting an affirmative defense, fighting for a dismissal based on a lack of evidence, or negotiating to get your charges significantly reduced, Attorney Noorishad will act in your best interest throughout your case.

Firearms and Weapons Charges

Even responsible, lawful firearm owners can make a mistake by carrying their gun into the wrong place. While Virginia's firearms laws are fairly permissive, there are still a lot of restrictions on the type of weapons you can own and who can own weapons at all. You do not need to have used your gun for a violent purpose to be arrested on weapons charges. For example, simply possessing a gun as a felon is a felony weapons offense.

You can also be charged with a separate offense or given a substantially harsher sentence for using, displaying, or possessing a gun while committing other crimes, such as robbery or sexual assault. Violent crimes are almost always treated as felonies when a weapon was involved, even if no one was injured.

Misdemeanor and Felony Drug Crimes

Simple drug possession is sometimes a misdemeanor, especially if you only had a small supply for personal use. However, drug distribution and drug trafficking are felony crimes. While the terms distribution and trafficking might make you think of habitual drug dealers and large-scale drug smuggling operations, the reality of these cases is generally far less dramatic.

Bringing even a relatively small amount of drugs into Virginia from another state or sharing a prescription medication with someone else can lead to trafficking or distribution charges. A conviction on felony drug charges can result in years in prison, heavy fines, and a permanent criminal record that can affect your employment, housing, professional licensing, and more.

Understanding Violent Crime Charges

Battery and assault are sometimes used interchangeably, but these are two distinct offenses. Battery means making physical contact with the victim in a way that is painful, harmful, or insulting. Assault means causing the victim to reasonably believe that you were imminently going to attack or injure them. Most people are accused of both offenses at the same time. Simple assault and battery are misdemeanors. However, in cases involving injuries, you are likely to face felony charges.

Domestic violence accusations may be more serious than other charges involving accusations of assault or battery. You may be arrested for domestic violence against a family member, cohabitant, co-parent, or ex-spouse, and in addition to defending against criminal charges, you may face restrictions put in place by an order of protection.

Murder or manslaughter charges are incredibly serious offenses. A conviction for an offense involving causing the death of another person can lead to an extremely harsh sentence.

Sex Crimes

Accusations of sex crimes can lead to severe legal consequences, and they may affect nearly every part of your life. A conviction could lead to years in prison, and you could be required to register as a sex offender. These accusations can also cause damage to your reputation, relationships, and employment prospects. Our lawyer understands how serious these charges are, and he will provide you with effective representation to help you avoid a conviction that may lead to sex offender registration.

Accusations that you engaged in sexual intercourse with another person through the use of force, threats, or intimidation could lead to charges of rape. These charges may also apply if the other party in a sexual situation was allegedly helpless due to intoxication or another form of incapacitation. Sexual assault charges may also involve accusations of object sexual penetration or other forms of sexual contact without consent. Our lawyer takes these cases seriously, and he can investigate the allegations, challenge the evidence, and take steps to protect your rights.

Charges related to child sexual abuse materials (CSAM) can also be serious. These charges may involve accusations of producing, distributing, receiving, or possessing child pornography. When addressing CSAM-related charges, our attorney can determine how shared devices, downloaded files, or online activity may affect a case. He will examine digital evidence, the searches performed by law enforcement, and other factors to determine what defense strategies may be available.

Property Crimes

Offenses related to property may involve accusations of theft, property destruction, or other charges. The severity of theft offenses will often be based on the value of the property involved. Our attorney can provide guidance on the best options for defense in these cases.

In Virginia, theft is known as larceny. Petit larceny involving property valued under $1,000 is generally charged as a Class 1 misdemeanor. Grand larceny involving property valued at $1,000 or more is a felony that can result in up to 20 years in prison. Accusations of shoplifting, embezzlement, or receiving stolen property can all lead to charges of larceny.

Robbery is a more serious offense than larceny, because it involves taking property from another person using force or through threats to cause injuries or other forms of harm. Robbery is a felony offense, and if a case allegedly involved the use of a firearm or another deadly weapon, it carries a mandatory minimum sentence of five years in prison, with a maximum sentence of 20 years.

Accusations of breaking and entering into the home of another person at night with the intent to commit a crime may lead to charges of burglary. This offense is usually charged as a Class 3 felony in Virginia, but it can be elevated to a Class 2 felony if a deadly weapon was allegedly used.