In Virginia, an attempt to commit a crime is a separate offense under Va. Code § 18.2-26, carrying penalties up to the same as the completed crime. Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide. Contact an attempt lawyer Virginia today.
Under Virginia law, an attempt is defined as any act done with the intent to commit a specific crime that goes beyond mere preparation but falls short of completing the offense. The statute, Va. Code § 18.2-26, states that “an attempt to commit an offense” is punishable where the attempt itself is not otherwise prescribed by law. This means the prosecution must prove both the specific intent to commit the underlying crime and a direct, overt act toward its completion. For example, attempting to obtain money by false pretenses under Va. Code § 18.2-178 requires showing you took a substantial step toward the fraud.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 18.2-26 (official Virginia General Assembly)
For more information, review the official statute at Va. Code § 18.2-26 (official Virginia General Assembly). Court procedures are governed by the Virginia Judicial System.
In Fairfax County General District Court, prosecutors handling attempt charges often rely on circumstantial evidence of intent. The key is showing you did not take a substantial step toward the crime. An attempt lawyer Virginia can challenge the evidence early.
- Step 1: Contact an attempt lawyer Virginia immediately after arrest.
- Step 2: Your attorney reviews the police report for evidence of intent.
- Step 3: File a motion to dismiss if the act was mere preparation.
- Step 4: Negotiate with the Commonwealth’s Attorney for a reduction.
- Step 5: Prepare for trial if no agreement is reached.
- Step 6: Present your defense at Fairfax County General District Court.
In Virginia, an attempt under § 18.2-26 carries penalties up to the same as the completed crime, including up to 12 months in jail for a Class 1 misdemeanor.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Attempt (Class 1 Misdemeanor) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Criminal record |
| Attempt (Class 6 Felony) | Class 6 Felony | 1-5 years | Up to $2,500 | None | Felony record, voting rights loss |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has handled 4,739+ documented case results with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute. The firm’s 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
Firm-wide across VA, MD, NJ, NY, and DC: 4,739+ documented results with 93%+ favorable outcome rate. In Fairfax County, SRIS has 501 documented results: 336 dismissed/not guilty, 143 reduced/amended, 5 other favorable (97% favorable outcome rate).
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is 2 miles from Fairfax County General District Court, accessible via I-66 and Route 50.
Attempt lawyer Virginia near 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.
Do I need an attempt lawyer Virginia for a first-time offense?
Yes. Even a first attempt charge can result in a criminal record. An attempt lawyer Virginia can negotiate a dismissal or reduction.
What is the penalty for an attempt in Virginia?
It depends. Under Va. Code § 18.2-26, the penalty matches the completed crime. A Class 1 misdemeanor attempt carries up to 12 months jail and a $2,500 fine.
Can an attempt charge be dismissed in Virginia?
Yes. If the prosecution cannot prove intent or a substantial step, the charge may be dismissed. An attempt lawyer Virginia can file a motion to dismiss.
How is attempt different from conspiracy in Virginia?
Attempt requires a direct act toward committing a crime. Conspiracy is an agreement between two or more people to commit a crime. Both are separate offenses under Virginia law.
What should I do if charged with attempt in Fairfax County?
Contact an attempt lawyer Virginia immediately. Do not speak to police without your attorney. Your lawyer can review the evidence and build a defense strategy.
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.
See our Virginia Criminal Defense Lawyer page for more information. For neighboring localities, visit our Fairfax County Criminal Defense Lawyer page. For related practice areas, see our Virginia DUI Lawyer page.