Pat Kelley, Criminal Defense Attorney

Montgomery, Kelley & Dennett handles felonies and misdemeanors, to include probation violations in all courts in Williamsburg and the surrounding area.

Pat Kelley has practiced criminal law since his graduation from law school in 1983, and has been a prosecutor. He has served as a Deputy/Assistant Commonwealth Attorney in Williamsburg/James City County, and has extensive experience as a criminal defense attorney. Handling cases ranging from simple trespassing offenses to the most serious charges, such as capital murder.

Types of Criminal Charges Explained

Misdemeanors are considered less serious than felonies, but they can still have significant consequences, including a criminal record, fines, and potential jail time. In some cases, individuals convicted of misdemeanors may be eligible for alternative sentencing options, such as diversion programs or probation, especially for first-time offenders. The specific types of misdemeanors recognized in Virginia can vary, but common examples include:

1. Simple Assault: Causing or threatening bodily harm to another person.
2. Petty Theft: Theft of property or goods with a lower value than what would constitute grand larceny.
3. Trespassing: Entering or remaining on someone else’s property without permission.
4. Disorderly Conduct: Engaging in behavior that disturbs public peace or order.
5. Vandalism: Willfully damaging or defacing another person’s property.
6. Possession of a Small Amount of Marijuana: Possession of a small quantity of marijuana for personal use.
7. Reckless Driving: Driving with a willful or wanton disregard for the safety of others.
8. Shoplifting: Stealing merchandise from a store.
9. Driving Under the Influence (DUI): Operating a motor vehicle while under the influence of alcohol or drugs.

Felonies are more severe than misdemeanors and carry potentially harsher penalties. The penalties for felonies in Virginia can range from substantial fines to lengthy prison sentences. The exact punishment for a particular felony will depend on the specific circumstances of the crime and the defendant’s criminal history. The specific types of felonies recognized in Virginia can vary, but common examples include:

1. Murder and Manslaughter: Unlawfully causing the death of another person, either intentionally (murder) or unintentionally (manslaughter).
2. Rape and Sexual Assault: Non-consensual sexual acts or sexual intercourse with another person.
3. Robbery: Taking property from another person by using force, threats, or intimidation.
4. Burglary: Illegally entering a dwelling or property with the intent to commit a crime.
5. Grand Larceny: Theft of property or goods with a significant value.
6. Drug Trafficking: Distributing, selling, or manufacturing large quantities of illegal drugs.
7. Kidnapping: Unlawfully abducting and restraining another person against their will.
8. Aggravated Assault: Causing serious bodily injury to another person with the intent to do so.
9. Identity Theft: Using another person’s personal information for fraudulent purposes.

Probation Violations in Virginia

In the state of Virginia, probation is a form of supervised release granted to individuals who have been convicted of a crime but have been allowed to serve their sentence in the community under certain conditions instead of being incarcerated. Probation allows individuals to remain free as long as they comply with specific terms and conditions set by the court.

A probation violation occurs when a person fails to comply with any of the conditions imposed by the court while on probation. It’s important for individuals on probation in Virginia to fully understand the conditions set forth by the court and to comply with them to avoid potential probation violations and additional penalties. If a probation violation occurs, it’s advisable to seek legal counsel to navigate the process and protect one’s rights during any court hearings or proceedings.

When a probation violation occurs, the probation officer may issue a warning or file a report with the court. Depending on the severity of the violation and the individual’s history, the court may take various actions.

Knowledge Truly Is Power

Here at Montgomery, Kelley & Dennett we pride ourselves on providing world class Criminal Defense Attorney services to each client we serve. We look forward to serving you and all your legal needs in Hampton areas. Call Now! 757.229.8284