An attempt charge in Virginia is a serious incomplete offense under Va. Code § 18.2-26, carrying penalties up to the underlying crime. Law Offices Of SRIS, P.C. has 501 documented results in Fairfax County. An attempt lawyer Virginia can build your defense.
What Is an Attempt Charge Under Virginia Law?
Under Va. Code § 18.2-26, an attempt is an incomplete offense where you took a direct act toward committing a crime but did not complete it. The statute defines attempt as any act done with intent to commit a crime that goes beyond mere preparation. An attempted crime defense lawyer Virginia understands that the prosecution must prove both criminal intent and a substantial step toward completion. This charge applies to offenses ranging from larceny to assault. The penalty for attempt is generally one classification lower than the completed crime, but can still carry significant jail time and fines.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 18.2-26 (official Virginia General Assembly)
For more details, review the Virginia Code Title 18.2 (Crimes and Offenses) and the Fairfax County Circuit Court website.
Insider Procedural Edge for Attempt Cases in Fairfax County
In Fairfax County General District Court, prosecutors often file attempt charges when evidence for the completed crime is weak. An incomplete offense defense lawyer Virginia can challenge whether your actions went beyond mere preparation.
- Step 1: Review the police report to identify the specific act alleged as the attempt.
- Step 2: Determine whether the act went beyond mere preparation under Virginia case law.
- Step 3: File a motion to dismiss if the prosecution cannot show a substantial step.
- Step 4: Negotiate with the Commonwealth’s Attorney for a reduction to a lesser charge.
- Step 5: Prepare for trial if no favorable plea offer is made.
- Step 6: Present evidence that you abandoned the attempt voluntarily before completion.
In Fairfax County, an attempt charge under Va. Code § 18.2-26 carries penalties one classification lower than the underlying crime, with maximum jail time of 12 months for misdemeanor attempts.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Attempt to Commit a Felony (e.g., Grand Larceny) | Class 6 Felony | 1-5 years | Up to $2,500 | None | Permanent criminal record; loss of voting rights; firearm prohibition |
| Attempt to Commit a Misdemeanor (e.g., Assault) | Class 2 Misdemeanor | Up to 6 months | Up to $1,000 | None | Criminal record visible to employers; professional licensing issues |
Results may vary. Prior results do not guarantee a similar outcome.
Why Law Offices Of SRIS, P.C. Handles Attempt Cases
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm has handled 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, demonstrating deep legislative knowledge. Our team includes former prosecutors who understand how the Commonwealth builds attempt cases.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results in Fairfax County
In Fairfax County, Law Offices Of SRIS, P.C. has 501 documented results: 336 dismissed/not guilty, 143 reduced/amended, 5 other favorable — a 97% favorable outcome rate. Two attempt cases involving Va. Code § 18.2-178 (obtaining money by false pretenses) resulted in nolle prosequi dismissals at Fairfax County General District Court.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is 3.5 miles from Fairfax County General District Court (4110 Chain Bridge Road), accessible via I-66 and Route 50.
Searching for an attempt lawyer Virginia near Fairfax? We serve clients throughout Fairfax County.
Neighborhoods served: Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, Falls Church area.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions About Attempt Charges in Virginia
Do I need a lawyer for an attempt charge in Fairfax County?
Yes. An attempt charge carries penalties up to the underlying crime. A conviction creates a permanent criminal record. An attempt lawyer Virginia can challenge whether your actions went beyond mere preparation.
What is the difference between attempt and conspiracy in Virginia?
Attempt requires a direct act toward committing a crime. Conspiracy requires an agreement between two or more people to commit a crime. An incomplete offense defense lawyer Virginia can explain which charge applies to your case.
Can an attempt charge be reduced to a lesser offense?
It depends. The Commonwealth may offer a plea to a lesser charge if the evidence of intent is weak. An attempted crime defense lawyer Virginia can negotiate for a reduction or dismissal.
How long does an attempt case take in Fairfax County?
Misdemeanor attempt cases typically resolve in 4-8 weeks from arraignment. Felony attempt cases can take 3-9 months if they proceed to Circuit Court. Virginia speedy trial rights apply.
What is the penalty for attempt to commit a felony in Virginia?
Attempt to commit a felony is generally one classification lower than the completed crime. For example, attempt to commit grand larceny (a felony) is a Class 6 felony carrying 1-5 years in prison.
Can I get an attempt charge expunged in Virginia?
Yes. If your attempt charge is dismissed or you are found not guilty, you can petition for expungement under Va. Code § 19.2-392.2. An attempt lawyer Virginia can guide you through the process.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
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