Augusta County Criminal Defense Lawyer — What Are Your Rights?
Virginia Criminal Law in Augusta County
Virginia classifies criminal offenses as misdemeanors or felonies, with penalties defined in the Virginia Code. A Class 1 misdemeanor, such as simple assault under Va. Code § 18.2-57, carries up to 12 months in jail and a $2,500 fine. A Class 5 felony can result in 1 to 10 years in prison. The specific court process and potential outcomes depend on the charge and the evidence.
Last verified: March 2026 | Augusta County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia criminal statutes, refer to the official Va. Code Title 18.2 (Crimes and Offenses). For court-specific information, visit the Augusta County General District Court website.
Augusta County Court Process
Augusta County General District Court handles all misdemeanor trials and felony preliminary hearings. The Augusta County Circuit Court handles felony jury trials and all appeals from the General District Court. You have an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time.
- Arrest and Bond: A magistrate sets bond after arrest. Personal recognizance is common for first-offense misdemeanors.
- Initial Hearing: Your first court date is an arraignment in Augusta County General District Court to hear the charges.
- Case Review: Your attorney will obtain discovery (evidence) from the Commonwealth’s Attorney and evaluate defense options.
- Resolution: Your case may be resolved through negotiation, a pretrial diversion program, or a trial.
- Trial or Appeal: Misdemeanor trials are held in General District Court. You can appeal to Augusta County Circuit Court for a new trial.
- Sentencing: If convicted, the judge will impose a sentence based on Virginia sentencing guidelines.
Penalties for Criminal Charges in Augusta County
In Augusta County, a Class 1 misdemeanor carries up to 12 months in jail and a $2,500 fine, while a Class 5 felony carries 1 to 10 years in prison.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Assault & Battery (Va. Code § 18.2-57) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Protective order, permanent record |
| Petit Larceny under $1,000 (Va. Code § 18.2-96) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Restitution, permanent record |
| Driving on Suspended (Va. Code § 46.2-301) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Additional suspension | DMV points, mandatory minimum fine |
| Grand Larceny ($1,000+) (Va. Code § 18.2-95) | Grand Larceny (Felony) | 1-20 years (or 12 months if treated as misdemeanor) | Discretionary | None | Restitution, felony record |
Results may vary. Prior results do not aim for a similar outcome.
Bond amount is set by a magistrate at arrest. Personal recognizance (no payment) is common for first-offense misdemeanors. A secured bond, typically requiring a bail bondsman (charging approximately 10%), is common for felonies.
Experience in Augusta County Courts
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined attorney experience and 4,739+ firm-wide case results. Our attorneys include a former Virginia State Trooper and a former Maryland Assistant State’s Attorney, providing direct insight into prosecution strategies and police procedures. We serve clients in the Augusta County area with a focus on strong defense.
Kristen Fisher, Senior Attorney at Law Offices Of SRIS, P.C. — Licensed in MD, VA. Former MD Assistant State’s Attorney. View Kristen Fisher’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 Augusta County
Law Offices Of SRIS, P.C. has 13 total documented case results across all practice areas in Augusta County, with a 100% favorable outcome rate. These results include charges dismissed, reduced, or resolved without a conviction.
Results may vary. Prior results do not aim for a similar outcome.
Criminal Defense Near Augusta County
Our Shenandoah/Woodstock location serves clients at the Augusta County courts. We are accessible via I-81 and I-64. We are a criminal defense lawyer near Staunton and Waynesboro.
We serve the communities of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location
505 N Main St, Suite 103
Woodstock, VA 22664
Phone: (888) 437-7747
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Augusta County, Virginia?
A Class 1 misdemeanor in Augusta County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor carries up to 6 months in jail and a $1,000 fine. Common charges include assault and battery, petit larceny under $1,000, and driving on a suspended license.
Can criminal charges be expunged in Augusta County, Virginia?
Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Augusta County Circuit Court. First-offense marijuana possession may qualify through a deferred disposition program.
How does bail work in Augusta County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Augusta County. A secured bond (a bail bondsman charges about 10%) is typical for felonies. Bond can be appealed to Augusta County General District Court.
Do I need a criminal defense lawyer in Augusta County, Virginia?
Yes. Criminal charges in Augusta County are prosecuted by the Commonwealth’s Attorney. Even misdemeanors carry up to 12 months in jail and create a permanent criminal record. An attorney can protect your rights, challenge evidence, and seek the best possible outcome.
What is the difference between GDC and Circuit Court in Augusta County?
Augusta County General District Court (GDC) handles misdemeanor trials and felony preliminary hearings. Augusta County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time.
Related Legal Services
For more information, see our Virginia criminal defense lawyer hub page. We also serve clients in nearby counties: Shenandoah County criminal defense lawyer and Rockingham County criminal defense lawyer. In Augusta County, we also handle DUI defense and family law matters. Learn more about attorney Bryan Block.
Last verified: March 2026. Information is current as of the verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.