The answer depends on you your prior criminal record, whether you and your attorney have agreed to a plea bargain including a sentence, and the points you accumulate under the Virginia Sentencing Guidelines (VSG). The VSG are calculated based on many factors, and without knowing more, it is difficult to speculate on what your VA Guidelines. These Guidelines, based on your personal background, provide the judge a recommended low range, midpoint and high range of sentencing in felony matters in Virginia. Counslt your local counsel for the exact calculations.
A good defense strategy is something that the attorney you hire will come up with after learning all of the facts, perhaps even conducting depositions. The first strategy is to see if there is a valid reason to have the case dismissed or the evidence suppressed. The second is to work out a possible plea that is acceptable to the defendant. Falling short of the first two, the third becomes taking the case to trial and getting an acquittal. Crimes are made up of elements, and the state must prove each element of the offense, beyond and to the exclusion of a reasonable doubt. It depends upon the crime, the defense attorney, the prosecutor, and the judge as to the outcome of any criminal case. It is a fine art which takes years to develop. Get counsel on your side, for starters.
R. Jason de Groot, Esq.,
There is no way to answer your questions on this public forum based on the information provided. Defenses to any offense, and any defense strategy, are always dependent on the particular facts of the case. You need to meet with a local attorney to discuss the details of your case in private.
For more information on me, go to www.kevinpettrey.com. Please remember that if you find an answer particularly helpful, please mark it as helpful or "best answer" so that the attorneys who volunteer their time to answer these questions have feedback. This answer is only for informational purposes, is not legal advice, and does not create an attorney-client relationship. Every case is different and must be judged on its own unique facts.