Leesburg Criminal Defense Attorney

There is a lot at stake in a criminal case. Even if you are only charged with a misdemeanor like first-time DUI, you could still be facing up to a year of jail time. The state of Virginia is notoriously tough on crime, imposing harsh mandatory minimum jail sentences for many offenses. When you were arrested, the police may have told you that they had an abundance of evidence, and the only way to secure leniency from the court was to confess. This is a common tactic, and it is usually a lie. There is a lot that an experienced criminal defense attorney can do to protect you after an arrest. Evidence is often flawed, weak, or inadmissible for other reasons.

Noorishad Law, P.C. sees no case as unwinnable. Leesburg, VA criminal defense attorney Kaveh Noorishad strives to make the impossible possible in criminal cases. He will do all he can to have your charges reduced or dismissed or to secure a not guilty verdict at trial. Attorney Noorishad has been recognized for his outstanding criminal defense work by reputable organizations like Super Lawyers and the National Trial Lawyers. When your freedom and future are at stake, you can trust Attorney Noorishad to keep fighting for you until your case is resolved.

DUI Charges

You may face charges of driving under the influence if you are accused of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. DUI charges may also be based on allegations of impairment due to the use of drugs, prescription medications, or a combination of alcohol and other substances. If you are charged with intoxicated driving for the first time, you may face misdemeanor DUI charges. Repeat offenses or aggravating factors may lead to felony DUI charges.

Drug Crimes

Virginia law treats drug offenses seriously at every level. Offenses related to drug possession may apply in cases involving marijuana, heroin, cocaine, methamphetamine, or other substances. If you are accused of possessing a large amount of a substance, you could face drug distribution or drug trafficking charges.

Sex Crimes

Offenses that are classified as sex crimes carry severe penalties. A conviction can mean decades in prison and mandatory inclusion on the Virginia Sex Offender Registry, which will affect where you can live and work for the rest of your life. Specific charges may include rape, sexual battery, object sexual penetration, or child pornography.

Violent Crimes

Charges such as assault and battery, kidnapping, and murder can be serious. Convictions for violent offenses often carry mandatory minimum prison sentences, and a felony conviction can permanently alter your civil rights. You could face more serious penalties in cases involving allegations of domestic violence, strangulation, or aggravating factors like serious bodily harm.

Theft and Property Crimes

In Virginia, the term "larceny" is used in many criminal cases involving theft offenses. Petit larceny generally involves the theft of items with a value below $1,000, and it is a misdemeanor offense. In cases involving the alleged theft of money or property worth more than $1,000, felony charges of grand larceny may apply. Other related offenses include embezzlement, burglary, robbery, shoplifting, and receiving stolen property.

Traffic Crimes

Some traffic offenses may be simple citations in which a person receives a traffic ticket and is required to pay a fine. Other offenses are classified as traffic crimes, and people who are convicted may face more serious penalties, including potential jail time. Criminal charges involving reckless driving, hit and run offenses, or vehicular manslaughter can result in penalties that could affect a person's life for years to come.

Defense Strategies: Attacking the State's Evidence

A common defense strategy involves having faulty evidence excluded from court. If the evidence the state was relying on to secure a conviction is excluded, there is a good chance your case can be dismissed. Attorney Noorishad may seek to have the evidence against you excluded if:

• There Was an Illegal Search: Police sometimes find illicit drugs, illegal weapons, or even child pornography during an illegal search. If the search that led to the discovery of evidence was illegal, the evidence cannot be used against you in court.
• The Evidence Is Unreliable: In a DUI case, the state will often rely heavily on the results of a blood or breath test used to establish a person's BAC. In drug crimes, it is possible for a lab to misidentify a substance. These tests can be flawed.
• A Witness Is Not Credible: Many cases, including domestic violence and rape cases, hang on whether the jury believes the alleged victim's account of what happened. Your attorney may introduce evidence showing that the state's key witness is unreliable.

The state must be able to prove that you are guilty beyond a reasonable doubt. If it cannot accomplish this because the available evidence is weak, your case could be dismissed.

Defenses to Specific Offenses

Some defense strategies that pertain to specific offenses include:

• Self-Defense and Violent Crimes: If you reasonably believed that the alleged victim was trying to harm you, and you responded with proportional self-defense, you have an excellent chance of being acquitted at trial. This defense is commonly used in assault and battery cases. It is sometimes also used in murder and manslaughter cases.
• Consent in a Sexual Assault Case: If you can show that the victim consented to sexual contact, you may be able to defend against a sex crime conviction.

General Criminal Defense Strategies

A few other potential criminal defense strategies include:

• Arguing Mistaken Identity: Offenders are sometimes misidentified, especially when unclear security camera footage is relied on. This is common in theft and property crime cases, as well as hit-and-run accidents where it is not clear who was driving.
• Providing an Alibi: If you can prove that you were elsewhere when the alleged crime was committed, you are not likely to be convicted.
• Casting Reasonable Doubt on the Charges: The state must be able to prove beyond a reasonable doubt that you are guilty. Your attorney may argue that the state has not met this very high burden of proof and that there is a possibility that you are innocent.

Contact Our Leesburg, Virginia Criminal Defense Lawyer

Noorishad Law, P.C. is dedicated to providing exemplary defense services to people facing criminal prosecution. Aggressive Leesburg, VA criminal defense attorney Kaveh Noorishad will do all he can to preserve your freedom and protect your future. Contact us at 703-542-4500 for a complimentary consultation.