Underage Possession Defense Lawyer in Lexington, Virginia
Underage possession of alcohol in Lexington is a Class 1 misdemeanor under Va. Code § 4.1-305, carrying up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington. Our underage possession defense lawyer Lexington team provides 24/7 consultations.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Virginia Underage Possession Law
Virginia law prohibits any person under 21 from purchasing, possessing, or consuming alcoholic beverages. The statute, Va. Code § 4.1-305, classifies this as a Class 1 misdemeanor. This charge is distinct from a DUI and is handled in the juvenile justice system for minors, though it can still create a permanent criminal record. The Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, has extensive experience defending these charges.
Official Legal Resources
For the official text of the law, refer to Va. Code § 4.1-305 (official Virginia General Assembly). Court proceedings for underage possession in Lexington are held at the Lexington General District Court.
Lexington Court Process for Underage Possession
In Lexington, underage possession cases are prosecuted by the Commonwealth’s Attorney and heard at Lexington General District Court. The court routinely offers first-offender programs under Va. Code § 19.2-303.2, which can lead to dismissal upon completion of terms like community service. A skilled minor in possession defense lawyer Lexington can advocate for this outcome.
- Receive a summons or be arrested for underage possession.
- Attend the arraignment at Lexington General District Court to enter a plea.
- Your attorney will review evidence and negotiate with the prosecutor for a dismissal or reduction.
- If no agreement is reached, prepare for a bench trial before a judge.
- If convicted, your attorney can argue for minimal penalties or an expungement-eligible disposition.
Penalties for Underage Possession in Lexington
In Lexington, underage possession of alcohol is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Underage Possession of Alcohol (Va. Code § 4.1-305) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Court may order DMV suspension | Criminal record, possible impact on college enrollment or military career |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Lexington Defense Team
Law Offices Of SRIS, P.C. was founded in 1997. Our firm has over 120 years of combined attorney experience and more than firm-wide 4,739 documented case results with a 93%+ favorable outcome rate. Our tagline, “Advocacy Without Borders,” reflects our commitment. Our juvenile alcohol charge lawyer Lexington approach is informed by former prosecutors who understand how these cases are built.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results for Underage and Minor Offenses
Our firm has a documented history of favorable outcomes in cases involving minors. In Bedford County, a charge for a minor was taken under advisement and dismissed after the completion of 50 hours of community service. In Fairfax County, a related charge was resolved via a nolle prosequi (dismissal by the prosecutor).
Results may vary. Prior results do not guarantee a similar outcome.
Underage Possession Defense Lawyer Near Lexington
Our Richmond Location serves clients at the Lexington courts (2 South Main Street). We are accessible via I-81 and I-64. We serve the Lexington community, including areas near Virginia Military Institute (VMI) and Washington and Lee University.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
By appointment only.
Underage Possession Defense FAQs in Lexington
What is the penalty for a misdemeanor in Lexington, Virginia?
A Class 1 misdemeanor in Lexington carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor carries up to 6 months in jail and a $1,000 fine. Underage possession is a Class 1 misdemeanor.
Can an underage possession charge be expunged in Lexington?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. If a charge is dismissed after completing a first-offender program, it may be eligible for expungement. A conviction typically cannot be expunged.
Do I need a lawyer for an underage possession charge in Lexington?
Yes. Even a first-time misdemeanor carries up to 12 months in jail and creates a permanent criminal record. An underage possession defense lawyer Lexington can seek dismissal or a reduction to a non-criminal offense.
Will an underage possession charge affect my college enrollment?
It can. Many colleges and universities, including VMI and W&L, require disclosure of criminal charges. A conviction could impact admissions, financial aid, or campus housing. An attorney can help mitigate these consequences.
What is the difference between GDC and Circuit Court in Lexington?
Lexington General District Court (GDC) handles misdemeanor trials, including underage possession. Lexington Circuit Court handles felony jury trials and appeals from GDC. You have a right to a jury trial in Circuit Court for any jail-eligible offense.
For more information on related defenses, see our pages on Virginia criminal defense and Lexington DUI defense. We also serve neighboring areas like Henrico County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.