Charges

Getting pulled over for driving under the influence is a horrible feeling. You might be embarrassed or worried about what will happen next – not only in court, but with your family, friends, job, and school. Your list of worries might start to feel overwhelming.

You are a good person. Sometimes good people make mistakes.

There are lawyers that forget that being brought up on charges can be a scary and surreal experience. I want to walk with you through this experience. Let me help shoulder your burdens and get you back to your life. I am not merely there to advocate for you in court (though that is a very important part of my job) I care about your emotional, financial, and family needs. I will take the time to answer your questions, explore your options, and prioritize what is the most important to you.

A DUI can result in serious consequences:

• Loss of license
• Increased insurance costs
• Large fines
• Interlock installation (in-car breathalyzer)
• Jail time

Your life could be forever changed. This is why it is vital to call an experienced DUI/DWI attorney who knows not just what the law is but how to advocate for you. The law is more complicated than it might appear at first glance. Even slight differences in facts between your case and your friends can have massive implications for the outcome. Do not risk a surprise on the day of your trial. The prosecution will not hesitate in pursuing their case against you and you should not hesitate in finding an attorney that can fight for your rights.

If you've been charged with a DUI in the Commonwealth of Virginia you should:

1. Get a blood test after being released if possible. Alcohol detection devices can be faulty so it is a good idea to get a second opinion on your BAC by having an independent blood test performed. By getting a blood test your attorney has a more complete arsenal to help raise a defense for you.
2. Learn about your charges. Knowledge is power. Learning about the charges can help you identify a lawyer who knows the right questions to ask in consultations. Not all lawyers are equal just as with any profession.
3. Call an experienced DUI/DWI attorney immediately.

A homicide charge of any level is very serious in Virginia. All homicide, from capital murder to involuntary manslaughter, are felonies and punishable with significant imprisonment. If you are accused of homicide you should speak to an experienced attorney like John A. Boneta. John will review your case, determine what defenses can be raised, and advise you if you are considering a plea bargain. When you are facing a potential loss of liberty, John is experienced, trustworthy, and will tirelessly advocate for your freedom.

Defenses

Some general defenses and their elements are listed below. Depending on what you are charged with and the facts of your case, defense options might vary.

• Reasonable Doubt

  The prosecutor has to prove beyond a reasonable doubt each element of a homicide charge. Reasonable doubt is a high standard of proof. Your defense attorney can use this high standard to cast doubt on at least one element of the charge. If the jury agrees that there is reason to doubt your guilt, then you cannot be convicted.

• Self-Defense

  Self-defense is an affirmative defense meaning that you admit to killing but you only did so to protect yourself from imminent danger. Imminent danger in this case is an active threat of serious bodily harm that you can reasonably protect yourself from under the circumstances. You don't have to necessarily entirely prove that your actions were done in self-defense, you only have to persuade the jury enough that there is reasonable doubt the charge you are accused of was committed without exception.

• Evidentiary Exclusion

  Evidence can be excluded if it was improperly collected. Evidence includes your statements, physical evidence, or the statements of others. The exclusion of key pieces of evidence can weaken the prosecution's case and make it more difficult to prove your guilt beyond a reasonable doubt.

• Misidentification

  Eyewitness testimony is being called into question for its reliability more and more often. The simple fact is that sometimes eyewitnesses are wrong. If the prosecution relies on an eyewitness, calling that eyewitness's credibility into question can be an effective way to introduce reasonable doubt.

When someone gets into an argument that results in a shoving match or some other physical contact they may be charged with Assault and Battery. Most people think these are the same thing, but Assault and Battery are actually two distinct crimes.

Assault is to intentionally cause apprehension of physical harm. Battery is intentional offensive or harmful physical contact with another person. For example, if you accidentally bump into someone when a train stops suddenly, this is not battery because it's unintentional. Furthermore, if you threaten someone without ever touching them, this is Assault but not Battery. Usually if there is a battery there is also Assault because of the awareness of the physical contact that is imminent. It is also important to note that Assault and Battery do not require the use of a deadly weapon or a weapon at all.

In Virginia, simple Assault and Battery are serious crimes but can become more serious depending on the victim. For example, if the victim was chosen because of race, sexual orientation, disability, or a number of other reasons, the person is guilty of a felony. In this case, the felony charge will result in a minimum sentence of six months in jail and can result in up to five years. The same is true for Assault of a police officer, judge, firefighter, and others.

Because these crimes against any victim are serious and often result in a loss of liberty, high fines, and other consequences, if you are charged with Assault and Battery, it is important to hire an attorney who can help develop a defense. Possible defenses include self-defense, lack of intent, and consent. This list is in no way exhaustive and the defenses available to you will depend on the facts of your case. When you hire an attorney, the attorney will sit down with you while you explain the situation in which the issue arose. The attorney will then tell you honestly how they will be able to help you under the circumstances. Being charged with a violent crime can change your life by making it harder to get a loan, a job, and a number of other consequences beyond jail time and fines. Make sure you have someone on your side who can help you avoid these life changing consequences.

Larceny

There are two types of larceny charges in Virginia, Grand Larceny and Petit Larceny.

Grand Larceny is the more serious of the two crimes in which one steals something worth $5 or more directly from another person (e.g. pick-pocketing a cellphone), or steals a gun or something worth more than $1,000 that is not on another person when stolen (e.g. stealing something that was unattended). Larceny can be tried as a felony and can carry a sentence of up to 20 years imprisonment. These felony cases are usually prosecuted even for first time offenders. You'll want an experienced lawyer to help convince the jury or judge that the price of the item stolen was unknown or ambiguous to help lessen your sentence in these cases. Other defenses and options can be explored with you as well to help retain your liberty.

Petit Larceny is a misdemeanor crime resulting in the theft of something worth less than $5 directly from another person or theft of an unattended item worth less than $1,000. First offenders may see these cases dismissed from time to time; however, if the case is tried, you could face up to 12 months in jail and a fine of up to $2,500, and this conviction would be entered onto your criminal record and require you to pay court costs.

Burglary

Burglary in Virginia is defined as a person breaking into a house in the nighttime with the intent to commit a felony or larceny. This charge can carry a sentence of up to 20 years imprisonment and up to a $100,000 fine. If the burglary was committed with a weapon, then the imprisonment term is 20 years to life. If you have been charged with burglary of any kind you should hire a lawyer immediately. If you decide to go to trial, an experienced attorney can cast doubt on the intent to commit a felony, try to show that your intent was actually to commit a misdemeanor (this can greatly lower your sentence), and use other strategies specific to the facts of your case to help lessen the punishment you may be facing. A lawyer will also be honest and advise you if you consider taking a plea. A felony charge like burglary can have a long term impact on your life including access to student loans and the right to vote. A lawyer like John A. Boneta will help guide you through the process and work tirelessly to protect your liberty.