Attempt Lawyer Alexandria — Defending Incomplete Offense Charges
An attempt charge in Alexandria, Virginia, is a serious incomplete offense under Va. Code § 18.2-26, punishable as a Class 5 felony or Class 6 felony depending on the target crime. Law Offices Of SRIS, P.C. provides a strong defense for those accused of attempted crimes, focusing on the critical legal gap between intent and completion.
Virginia Law on Attempt Crimes
In Virginia, a person can be charged with an attempt to commit a crime even if the intended offense was never completed. The law, codified in Va. Code § 18.2-26, defines attempt as performing a direct act toward the commission of the intended crime with the specific intent to commit it, but falling short of its actual completion. This makes an attempt an “inchoate” or incomplete offense.
Last verified: April 2026 | Alexandria General District Court | Virginia General Assembly
The prosecution must prove two key elements beyond a reasonable doubt: (1) the specific intent to commit the underlying crime, and (2) a direct, substantial act done toward its commission. Mere preparation is typically insufficient; the act must go beyond planning and move directly toward execution. The penalties for attempt are significant. If the crime attempted is punishable by death or life imprisonment, the attempt is a Class 3 felony. If the crime attempted is a felony, the attempt is generally punishable as a Class 5 felony (1-10 years, or up to 12 months and a $2,500 fine at jury discretion) or a Class 6 felony (1-5 years). Attempting a misdemeanor is itself a misdemeanor.
Official Legal Resources
Defending an Attempt Charge in Alexandria Court
Defending an attempt charge requires challenging the prosecution’s evidence on both intent and the alleged overt act. A common defense is “impossibility”—arguing that the defendant’s actions, even if completed, could not have resulted in the intended crime. Another is lack of specific intent, showing the defendant did not have the required mental state. For an attempted crime defense lawyer Alexandria, the strategy often involves filing a motion to strike the evidence, arguing the prosecution failed to prove a direct, substantial act beyond mere preparation.
- Initial Consultation & Case Review: Immediately contact an attorney to discuss the specific allegations, police reports, and evidence.
- Investigation & Evidence Gathering: Your attorney will investigate the circumstances, interview witnesses, and obtain all discovery from the Commonwealth’s Attorney.
- Legal Motion Strategy: File pre-trial motions, such as a motion to suppress evidence or a motion to strike, based on insufficient evidence of a direct act or specific intent.
- Negotiation or Trial: Engage in plea negotiations to seek a reduction or dismissal. If no fair offer is made, prepare for a bench trial in General District Court or a jury trial in Alexandria Circuit Court.
- Sentencing or Appeal: If convicted, advocate for the most favorable sentence. If convicted in GDC, exercise the right to a de novo appeal to Circuit Court.
Potential Penalties for Attempt Crimes
In Alexandria, an attempt charge carries severe penalties, often one classification level below the completed offense, including potential prison time and fines.
| Attempted Offense | Classification of Attempt | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Attempted Murder (Capital) | Class 3 Felony | 5-20 years | Up to $100,000 | Permanent violent felony record |
| Attempted Robbery (Felony) | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | Loss of firearm rights, difficulty finding employment |
| Attempted Grand Larceny | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | Criminal record, restitution |
| Attempted Assault (Misdemeanor) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Restraining order, community service |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose SRIS, P.C. for Your Attempt Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ documented case results with over 93% favorable outcomes. We understand that an attempt charge can be as damaging as a conviction for a completed crime, and we build defenses focused on the specific legal weaknesses of the prosecution’s case.
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
Case Results in Alexandria
Our attorneys actively practice in Alexandria courts. For example, we have secured dismissals (nolle prosequi) for clients facing misdemeanor assault charges in Alexandria General District Court. Results may vary. Prior results do not guarantee a similar outcome. Our secondary attorney on complex criminal matters, Mr. Sris, is a former prosecutor and firm founder with multi-state bar admissions who provides strategic oversight.
Attempt Lawyer Near Alexandria
Our Arlington location serves clients at the Alexandria courts (520 King Street). We represent individuals in Alexandria, Old Town, Del Ray, and Kingstowne.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room No. 719
Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Attempt Charge FAQs
What is the legal definition of “attempt” in Virginia?
It depends. Under Va. Code § 18.2-26, an attempt requires (1) the specific intent to commit a crime and (2) a direct, substantial act toward its commission that goes beyond mere preparation. The act must come close to completing the crime.
Can I be charged with attempt if the crime was impossible to complete?
Yes, in many cases. Virginia recognizes “legal impossibility” as a defense, but not “factual impossibility.” If the crime is legally impossible (the actions are not a crime), it may be a defense. If it’s factually impossible (e.g., shooting an empty chair), you can still be charged.
What are the penalties for attempted felony in Alexandria?
Attempting a felony is generally a Class 5 or Class 6 felony. A Class 5 felony carries 1-10 years in prison (or up to 12 months and a $2,500 fine). A Class 6 felony carries 1-5 years (or up to 12 months and a $2,500 fine).
How does an attempted crime defense lawyer Alexandria build a case?
An attempted crime defense lawyer Alexandria challenges both intent and the overt act. Defense strategies include proving lack of specific intent, showing the act was only preparation, or arguing legal impossibility. They file motions to strike evidence and negotiate for reductions.
Is attempt the same as conspiracy or solicitation?
No. Attempt involves a direct act by one person. Conspiracy (Va. Code § 18.2-22) is an agreement between two or more people to commit a crime. Solicitation (Va. Code § 18.2-29) is asking, commanding, or encouraging another to commit a crime.
What should I do if I’m under investigation for an attempt crime?
Do not speak to law enforcement without an attorney. Immediately contact a criminal defense lawyer. An attorney can advise you during the investigation, potentially before charges are filed, and help protect your rights.
Internal Links: For related legal help, see our Virginia Criminal Defense hub, our page for federal criminal defense in Arlington, or learn about DUI defense in Alexandria.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.