1. Hallauer Law Firm
Focus Area: Criminal defense with former prosecutor and Reserve Navy JAG Officer experience
Practice Areas: DUI, driving with suspended license, domestic violence, drug crimes, assault, theft, gun crimes, traffic law, military law
Background: Attorney Scott Hallauer leads a legal team with 28 years of experience. As a Virginia trial attorney, former prosecutor, and Reserve Navy JAG Officer, Attorney Hallauer brings unique strategic advantages to his clients. His experience as a prosecutor offers insight into how the other side works. The firm is the go-to firm throughout the Hampton Roads region for criminal defense, family law, military law, and personal injury matters. Many servicemen, servicewomen, and veterans turn to the firm because they value working with an attorney fluent in the language of the military. The firm offers discounts to all military members, dependents, and veterans.
Location: Virginia Beach, Virginia (near Mount Trashmore, serves entire Hampton Roads area)
Contact: (757) 474-0089 | https://www.hallauerlaw.net/
Consultation: Free consultation available
2. The Law Offices of Daniel J. Miller
Focus Area: Criminal defense with comprehensive rights protection
Practice Areas: DUI, drug crimes, assault, theft, domestic violence, violent crimes, traffic offenses
Background: At The Law Offices of Daniel J. Miller, the experienced team is dedicated to protecting the rights and interests of clients. The firm understands how frightening it is to face the criminal justice system and recognizes that many individuals accused of crimes are not completely aware of their rights nor do they understand their legal options. The attorneys have the legal skills and experience necessary to explain rights and aggressively fight to uphold them. The firm is dedicated to providing solid, unbreakable defense that aims to get charges lessened or dismissed entirely. They conduct extensive investigations to gather necessary facts and do not shy away from complex cases.
Location: Virginia Beach, Virginia (serves Norfolk and Hampton Roads)
Contact: (757) 267-4949 | https://www.legaldefense.com/
Consultation: Available by appointment
3. Invictus Law
Focus Area: Criminal defense with military service background
Practice Areas: Assault and battery, bond hearings and appeals, conspiracy, DUI, expungements, federal child pornography, federal drug charges, gun crimes, malicious wounding, murder, PWID, sex crimes, white-collar crimes, UCMJ violations
Background: The team at Invictus Law was raised in military families and includes prior service Army and Marine Corps JAGs that have practiced law and defended the country all over the globe. The team includes former fighter pilots, airborne soldiers, and operational law attorneys with years of combat service. The firm’s five core values are: Kicking Ass, Fight as a Team, Know Your Case, Sense of Urgency, and One Percent Better Every Day. The attorneys handle both military and civilian criminal defense cases and are experienced in UCMJ matters as well as Virginia state and federal criminal defense. Expungement processes are handled promptly after favorable verdicts.
Location: 1240 Perimeter Parkway, Suite 404, Virginia Beach, VA 23454
Contact: (757) 337-2500 | https://invictus-law.com/
Consultation: Available for consultation
4. Robinson Law, PLLC
Focus Area: Criminal defense with local courthouse knowledge
Practice Areas: Theft offenses, DUI, drug possession, drug distribution, weapons offenses, domestic violence, juvenile offenses, disorderly conduct, providing alcohol to minors
Background: At Robinson Law, PLLC, the Virginia Beach criminal defense lawyers are dedicated to protecting clients’ rights from the moment they begin working on a case. The firm takes time to understand what is important to each client and uses this to develop compelling defenses. If you face criminal charges in Virginia Beach, you need a local lawyer who is familiar with the police, prosecutors, judges, and common customs. The attorneys have handled cases involving almost every crime on the books. They immediately begin preparing cases, including conducting investigations, reviewing all legal grounds to keep harmful evidence out of trial, and negotiating with prosecutors to eliminate the most serious charges.
Location: Virginia Beach, Virginia (serves Hampton Roads)
Contact: (703) 844-3746 | https://www.callrobinson.com/
Consultation: Free consultation available
5. Shannon & Associates, P.C.
Focus Area: Criminal defense with former prosecutor experience
Practice Areas: Violent crimes, domestic violence, assault, murder, sex crimes, drug crimes, robbery
Background: Attorney Kristen M. Shannon at Shannon & Associates, P.C. has prosecuted criminal defendants before becoming a defense lawyer. As a result, she effectively counsels clients from the moment they are considered a suspect in a crime. The firm works to achieve efficient legal solutions for clients and their families, including protecting rights of those who are victims of domestic violence. The attorneys personally commit to each case and return calls within 24 hours, even after hours. The state of Virginia vigorously prosecutes violent crimes and drug crimes, and the firm provides qualified criminal defense representation for all such charges.
Location: Chesapeake, Virginia (serves Virginia Beach, Norfolk, Hampton Roads)
Contact: (757) 228-5529 | https://www.hamptonroadslawteam.com/
Consultation: Available for consultation
Criminal Defense Laws in Virginia
Felony Classifications
Virginia classifies felonies into six classes:
Class 1 Felony: First-degree murder and murder by specified means. Penalty is death or life imprisonment. Virginia has suspended executions and is reconsidering its death penalty.
Class 2 Felony: Includes aggravated murder, aggravated malicious wounding, and certain sex offenses. Penalty is 20 years to life imprisonment and up to $100,000 fine.
Class 3 Felony: Includes malicious wounding, burglary while armed, and certain drug offenses. Penalty is 5-20 years imprisonment and up to $100,000 fine.
Class 4 Felony: Includes arson of unoccupied building, embezzlement over $1,000, and prostitution (third offense). Penalty is 2-10 years imprisonment and up to $100,000 fine.
Class 5 Felony: A “wobbler” that can be prosecuted as felony or misdemeanor. Includes involuntary manslaughter, battery of law enforcement, and extortion. Penalty is 1-10 years imprisonment (felony) or up to 12 months jail (misdemeanor) and up to $2,500 fine.
Class 6 Felony: Also a “wobbler.” Includes reckless handling of firearm, animal cruelty, and violation of protective order (third offense). Penalty is 1-5 years imprisonment (felony) or up to 12 months jail (misdemeanor) and up to $2,500 fine.
Misdemeanor Classifications
Class 1 Misdemeanor: The most serious misdemeanor, including DUI (first/second offense), assault and battery, petit larceny, and reckless driving. Maximum penalty of 12 months in jail and $2,500 fine.
Class 2 Misdemeanor: Includes aggressive driving and obscene phone calls. Maximum penalty of 6 months in jail and $1,000 fine.
Class 3 Misdemeanor: Includes hunting without license and certain traffic offenses. Maximum penalty of fine only, no jail.
Class 4 Misdemeanor: Includes public intoxication. Maximum penalty of $250 fine only.
Expungement Laws
Virginia significantly expanded expungement eligibility effective July 1, 2025:
Automatic Expungement: Dismissals, acquittals, and nolle prosequi (charges dropped) are now automatically expunged in many cases.
Petition-Based Expungement: Certain misdemeanor convictions may be expunged by petition after waiting periods. Eligible offenses are limited and generally include minor offenses.
Marijuana Convictions: Many prior marijuana convictions can now be sealed or expunged under recent legislative changes.
Limitations: Violent felonies, sex offenses, and DUI convictions generally remain ineligible for expungement.
DUI Laws
Virginia DUI applies to driving with BAC of .08% or higher (.04% commercial, .02% under 21). First offense is a Class 1 misdemeanor carrying up to 12 months jail, $250-$2,500 fine, and 1-year license suspension. Enhanced penalties apply for BAC of .15% or higher (mandatory minimum jail) or .20% or higher (additional mandatory jail). Third offense within 10 years is a Class 6 felony. Virginia has implied consent; refusal results in 1-year administrative license suspension (first), 3 years (second), and 3 years (third, which is a misdemeanor).
Frequently Asked Questions
What is reckless driving in Virginia and why is it serious?
In Virginia, reckless driving is not merely a traffic ticket; it is a Class 1 misdemeanor criminal offense. This includes driving 20+ mph over the speed limit or over 85 mph regardless of the posted limit. A reckless driving conviction can result in up to 12 months in jail, up to $2,500 in fines, 6 demerit points on your driving record, up to 6 months license suspension, and a permanent criminal record. For out-of-state drivers passing through Virginia on I-64 or I-264, this comes as a surprise. Many people who simply keep up with traffic on Virginia highways find themselves charged with a criminal offense. A Virginia Beach traffic attorney can often negotiate reckless driving charges down to improper driving (a traffic infraction) or other lesser offenses, avoiding the criminal record and most serious consequences.
What is the difference between General District Court and Circuit Court in Virginia Beach?
In Virginia Beach (and throughout Virginia), criminal cases are heard in either General District Court or Circuit Court depending on the severity of the charges. General District Court handles all misdemeanor trials, preliminary hearings for felonies, and traffic infractions. There is no jury in General District Court; a judge decides all cases. Circuit Court handles all felony trials after indictment by a grand jury, as well as appeals from General District Court. In Circuit Court, defendants have the right to a jury trial. If you are charged with a misdemeanor, your entire case will be resolved in General District Court unless you appeal an unfavorable outcome. If you are charged with a felony, your case will start in General District Court for preliminary hearing but will be transferred to Circuit Court for trial. A Virginia Beach criminal defense attorney can explain which court will hear your case and what to expect.
What are the consequences of a felony conviction for my gun rights in Virginia?
Under both Virginia and federal law, a felony conviction results in the loss of firearm rights. In Virginia, it is illegal for a convicted felon to possess, transport, or carry any firearm. Violation is a Class 6 felony. This prohibition applies regardless of whether the underlying felony was violent or non-violent, state or federal, Virginia or out-of-state. Restoration of gun rights requires a gubernatorial pardon or restoration of civil rights followed by a petition to circuit court. Federal law (18 U.S.C. 922(g)) also prohibits felons from possessing firearms, and this federal disability can only be removed by presidential pardon or ATF relief (which is not currently funded). This means that even if Virginia restores your gun rights, federal law may still prohibit possession. A Virginia Beach criminal defense attorney can advise on strategies to avoid felony conviction or pursue rights restoration.
What is a preliminary hearing in Virginia and should I have one?
In Virginia, when you are charged with a felony, you have the right to a preliminary hearing in General District Court. At this hearing, the Commonwealth must present evidence establishing probable cause that you committed the felony. If probable cause is found, your case is certified to the grand jury. If not, your case is dismissed (though the Commonwealth can still seek a direct indictment). A preliminary hearing provides several benefits: you can discover what evidence the prosecution has, cross-examine witnesses under oath, lock witnesses into testimony that can be used for impeachment at trial, and potentially get the case dismissed or charges reduced. However, in some cases, waiving the preliminary hearing may be strategic, particularly if you are negotiating a plea or want to avoid publicizing the evidence. A Virginia Beach criminal defense attorney can advise whether requesting or waiving the preliminary hearing is in your best interest.
What should I know about protective orders in Virginia Beach domestic violence cases?
In Virginia domestic violence cases, protective orders are common and have serious implications. An Emergency Protective Order (EPO) can be issued by a magistrate without notice to you and lasts up to 72 hours. A Preliminary Protective Order (PPO) can be issued by a judge after a brief hearing and lasts up to 15 days. A full Protective Order can be issued after a hearing where both sides present evidence and can last up to 2 years. Violating any protective order is a Class 1 misdemeanor (up to 12 months jail). A third violation within 20 years is a Class 6 felony. A protective order can require you to vacate your own home, stay away from your workplace, surrender firearms, and have no contact with the protected person. Even if you believe the allegations are false, violating the order will result in additional criminal charges. A Virginia Beach domestic violence attorney can represent you at protective order hearings and work to modify overly restrictive terms.