Experienced Criminal Defense Lawyers Serving Northern Virginia

Last updated on October 15, 2026

McClain Rosenthall Davis, PLLC, is uniquely suited to help clients in McLean and Northern Virginia address a wide range of misdemeanor and felony charges. As former prosecutors for the state, our attorneys have insider knowledge of the state’s criminal laws, courts, prosecutors and judges. This insight allows them to stand up for you through the legal processes and fight the charges against you.
‍
We help clients combat a wide range of criminal charges, from misdemeanors to federal offenses. Our lawyers review and consider every detail of your situation and your goals before developing a strategy for success. Our team regularly practices in Fairfax County, Arlington County, the City of Alexandria, Loudoun County, Prince William County, the Eastern District of Virginia Federal Court, Fauquier County, Frederick/Winchester Courts, Shenandoah County, Spotsylvania and Stafford County, as well as many other jurisdictions.

Our Comprehensive Criminal Law Practice

We provide the aggressive defense representation you need to avoid a conviction or limit the penalties stemming from a conviction. Some of the cases we handle include:

• DUI and DWI: Impaired driving, a BAC of 0.08% or higher and breath test refusals often trigger prosecution.
• Drug Offenses: Simple possession matters differ sharply from distribution or trafficking counts, which sometimes carry mandatory minimum sentences.
• Theft Crimes: Shoplifting and larceny allegations sometimes escalate to burglary when someone enters a building intending to commit a crime.
• Assault and Battery: Accusations range from misdemeanor assault to felony malicious wounding.
• Domestic Violence Defense: Family abuse arrests often bring emergency protective orders alongside the criminal proceeding.
• Sex Crimes: Sexual battery, solicitation and child pornography allegations attract lasting stigma and possible registry requirements.
• Murder and Homicide: Manslaughter, felony murder and aggravated murder indictments demand careful investigation from the first day.
• Juvenile Defense: Young people accused of delinquent acts usually appear in Juvenile and Domestic Relations District Court.
• Expungements, Record Sealing and Appeals: Eligible individuals may clear old records, while convicted defendants can ask higher courts to review errors.
• Fraud and White Collar Crimes: Embezzlement, identity theft and forgery prosecutions often hinge on complex financial records.

Aggressiveness in the face of opposition isn’t the only thing we focus on. We make sure that you do not get caught up in the criminal system. We ensure you are not just another file number.

Your story is important. Your history matters. And we will do everything we can to make sure the prosecution, judge and jury all understand who you are and where you come from.

How Virginia Classifies Criminal Offenses: Misdemeanors & Felonies

Virginia sorts most crimes into classes that set the range of possible punishment. Virginia Code § 18.2-11 divides misdemeanors into four classes. The most serious level, Class 1, allows as much as a year behind bars plus a fine reaching $2,500, while Class 2 allows half a year and $1,000. Class 3 and Class 4 misdemeanors carry fines only, capped at $500 and $250.

Felonies fall into six classes under § 18.2-10. Prison terms range from one to five years for a Class 6 felony up to life for a Class 1 felony, with fines of up to $100,000 for the more serious classes. For Class 5 and Class 6 felonies, a judge or jury may choose a sentence of a year or less in local jail instead of prison.

The class also affects where your case goes. General District Court generally hears misdemeanor trials, while felony cases move to Circuit Court after a preliminary hearing or grand jury indictment. If a General District Court judge convicts you of a misdemeanor, you generally have 10 days to appeal for a new trial in Circuit Court. Cases involving minors usually begin in Juvenile and Domestic Relations District Court, where our juvenile defense work often starts. As former Northern Virginia prosecutors, our attorneys have handled cases at every level of this system.

The Collateral Consequences of a Criminal Conviction in Virginia

A conviction can affect your life long after you pay a fine or finish a sentence. Employers and professional licensing boards often run background checks that reveal past convictions. Landlords may deny a rental application for the same reason. For noncitizens, certain offenses can lead to deportation or make a person inadmissible to the United States. Virginia Code § 18.2-308.2 generally bars anyone with a felony conviction from possessing a firearm. In northern Virginia, where many residents work for federal agencies and contractors, a conviction can also put a security clearance at risk. In some situations, expungement or record sealing can limit what a background check reveals.

A felony can also affect your right to vote. Virginia’s rules on restoring that right are shifting in 2026, including a constitutional amendment on the November ballot, so we can explain where your rights currently stand.

These effects often outlast the sentence itself. That is why building a strong defense from the start, rather than accepting a quick plea, can matter far beyond the courtroom. With attorney Tim Davis having handled more than 1,000 trials, our firm stands ready to take your case to court when a plea offer falls short.

Your Constitutional Rights in a Virginia Criminal Case

Every person under investigation or facing charges in Virginia has constitutional protections. The Fourth Amendment guards against unreasonable searches and seizures. If police search your car during a DUI traffic stop or enter your home without a valid warrant or a recognized exception, a judge may suppress the evidence under the exclusionary rule. Similarly, officers must give Miranda warnings before questioning someone in custody. A court may exclude statements taken without them.

The Fifth Amendment lets you refuse to answer questions that could incriminate you. It also bars the government from trying you twice for the same offense. The Sixth Amendment guarantees your right to an attorney and to a speedy trial. In addition, Virginia Code § 19.2-243 sets deadlines for bringing a felony case to trial once a court finds probable cause at a preliminary hearing.

These rights work best when you use them early. From your first contact with police, politely decline to answer questions and ask for a lawyer. With prosecution experience in Fairfax and Prince William counties, our attorneys know how officers build cases and where constitutional mistakes tend to happen. We defend clients in Arlington, Fairfax, Prince William, Loudoun, Stafford and Frederick counties and the cities of Alexandria and Winchester. We also practice in the U.S. District Courts for the Eastern and Western Districts of Virginia.

Domestic Violence – Defense & Victim Representation

Domestic violence cases in Northern Virginia are unique because they sometimes trigger three legal battles at once. A single incident can lead to:

• Emergency protective order hearings
• Criminal assault charges
• Child custody disputes

Our firm provides a comprehensive approach to all of these concerns. We represent defendants facing domestic assault or battery charges as well as victims seeking the protection of a court order. This  perspective gives us a complete understanding of the strategies used by both sides. Because we practice both criminal defense and family law, we can offer coordinated representation across every courtroom.

What Sets Us Apart From Other Criminal Defense Attorneys?

Choosing the right lawyer could be the most important decision you can make for your future. We offer a level of advocacy that sets us apart from other options in Northern Virginia:

We sincerely look forward to being of service to you during this challenging time.

Exploring Every Defense Option

If you have been charged with a crime in Northern Virginia, it is important to remember that all is not lost—you have many defense options available to you. Our lawyers will help you explore all viable defense strategies, including:

Court Trial

In some cases, a court trial is the best option for combating the charges against you. Our extensive experience managing jury and bench trials gives us the skills and knowledge needed to clearly state your case and pursue a favorable judgment. From the moment we take your case, we begin preparing for trial.

Plea Negotiation

Depending upon the type and severity of your charges, and your personal goals, it may be in your best interests to attempt to negotiate a plea. Our attorneys are highly skilled in the art of plea negotiations and work diligently to secure the best possible deal on your behalf. If a favorable plea deal cannot be reached, we will pursue more favorable outcomes at trial.

Diversion Programs

First-time offenders charged with misdemeanors and certain criminal violations may qualify for a pre-trial diversion program. Upon successful completion of the pre-trial program, which may include anger management counseling, drug and alcohol abuse counseling or other requirements, the court may elect to dismiss your charges or conviction. To participate in a diversion program, both the prosecutor and judge must approve. Our lawyers understand the potential benefits of diversion programs, most notably helping you avoid a conviction and lasting criminal record, and make every effort to convince the court to offer you the chance to participate.

Appeals

If you have been convicted of a crime, you may have the option to file an appeal. Our attorneys are well versed in the Virginia criminal appeals process. This allows us to offer the advice you need to understand your eligibility to appeal a conviction, and what you may be able to expect from the process. Should you choose to appeal your conviction, we handle all the paperwork and preparation on your behalf and represent you during court hearings.

Schedule A Free Consultation To Begin Planning Your Defense

The criminal defense team at McClain Rosenthall Davis, PLLC, is here to help you understand your charges, the penalties and the options you have for defending yourself. During your initial consultation, you will meet with a lawyer to review your charges and learn how we can be of service. Schedule your free initial consultation today by using our online contact form or by calling us at 703-291-1550. Se habla español.