Legal Question in Criminal Law in Virginia

felony charge

went to estranged husbands home looking for him so we could talk. i knocked on the front door and the bedroom window where my husband sleeps. i was trying to see if he was inside in the bed, the room was dark because the room has only one window, at first i tried to use my lighter to see in but it became too hot and burnt my finger. i then lit a piece of twisted paper and used it to look inside, i accidentally burnt a hole in the curtain panel. it did not flame, it melted. i did not know my husband was not home and later found out he had a girlfriend there. when she heard me knocking she ran into the bathroom with the phone. she had phoned the police. i gave a statement to the detective while intoxicated. i was arrested for malicious burning, a class u felony in the city of martinsville. what kind of trouble am i in? can the charges be reduced or dismissed? my husband nor his girlfriend want the charges against me and are planning to testify in my favor. can any statements i gave while i was intoxicated be used in court against me? i cannot even really remember much of what i said or if i signed anything. i am also on meds for panic attacks and bi-ploar disorder. and meds for hepatitis c. i am on treatments. please help!!!!!!!!!!!


Asked on 9/15/05, 10:37 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: felony charge

I regret to report, Ma'm, that this is potentially big trouble, and you're in dire need(right now!) of competent criminal defense counsel. If you don't already have such counsel retained for your defense, ask the court to appoint one for you.

In the meantime, discuss the case with no one

else except the attorney who is representing you on this very serious felony charge.

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Answered on 9/15/05, 2:30 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: felony charge

Yes this is trouble! VA Code 18.2-77 - Burning a Dwelling House says "punishable by imprisonment for life or for any period not less than five years and, subject to subdivision g of � 18.2-10, a fine of not more than $100,000."

Well you certainly can't blame the poor girl for calling the police, home alone and a stranger is peeping in her bedroom window with a lighter. The attempt to burn charge will be dismissed of course, you didn't intend to do that - but you were peeping and negligently lighting fires. The liklihood is a minor misdemeanor - try "trespass" or "disturbing the peace" - a sixty day suspended sentence. You may not have meant to commit a crime, but the fact is you did and even though the victims don't want to prosecute, the charge belongs to the Commonwealth's Attorney in Martinsville and decision to prosecute is totally his. Of course, you could get a friendly prosecutor and could walk. I always say criminal court is a crap shoot. You might get lucky - but what kind of odds can you play when it's just as likely you can be convicted of something if you just walk up to a courtroom?

Nevertheless,

Good luck.

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Answered on 9/17/05, 1:01 am


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