Experienced Virginia Criminal Defense Lawyer
Table of Contents
Key Takeaways
- Facing criminal charges is a frightening prospect filled with uncertainty about how a guilty verdict will impact your future.
- It is essential to obtain proper legal representation to get a preferable outcome, which could result in a lesser charge or a dismissal.
- The Commonwealth of Virginia imposes tough penalties for many crimes, which could include jail time, fines, and a permanent criminal record.
- Working with a knowledgeable criminal law attorney who is well-versed in Virginia’s laws can help make a difficult situation easier.

Facing criminal charges in Virginia can be a terrifying experience, leaving you feeling overwhelmed and uncertain about your future.
Without proper legal representation, the consequences can drastically affect your life. Our Virginia criminal defense attorneys are here to protect your rights and fight for the most favorable outcome, guiding you through the legal process with a tailored defense strategy. Contact Montagna Law defense attorneys today to schedule a free initial consultation and take the first step toward securing your future.
Why Work With Montagna Law Defense Attorneys
Clients turn to Montagna Law defense attorneys to defend them in criminal cases because of our strong reputation in the Hampton Roads and greater Virginia community. Our criminal defense attorneys are known for their ability to successfully advocate and fight for their clients.
When you select our law firm to represent you, you can expect honest, compassionate, personalized, and transparent legal services. Our philosophy is a client-first one, where we strive to answer all questions and concerns and provide regular updates. You can rest assured our lawyers will listen to your side of the story.
The lawyers at our law firm have more than 175 years of combined legal assistance. They will then explain the elements of crimes, penalties, and legal process involved in your defensive case.

Anthony Montagna, III
- Winning Cases Since 1993
- Reasonable Fees
- Payment Plans
- Experienced and Tough
- Military, Union, Teacher, Student, and First Responder Discounts
- Over 170 Five Star Google, AVVO and Findlaw Reviews
- Free Consultation
- Handling All Felonies and Misdemeanors from Traffic to Murder.
Montagna Law Defense Attorneys
- 175+ Years of Combined Legal Experience at the Firm
- Put the Montagna Criminal Law Team on Your Side
- A Client First Law Firm
Our Criminal Defense Case Results
- Felony possession with intent to distribute cocaine: dismissed
- Misdemeanor drunk in public and resisting arrest: dismissed
- Misdemeanor domestic assault and battery: dismissed
- Felony arson: nolle prosequi (dismissed without prejudice)
- Felony strangulation: nolle prosequi (dismissed without prejudice)
- Felony strangulation: dismissed
- Felony object penetration: client pled to misdemeanor assault and battery
- Felony possession with intent to distribute drugs: dismissed
- First degree murder: client pled to voluntary manslaughter
- Misdemeanor assault and battery: dismissed
- Misdemeanor possession with intent to distribute marijuana: nolle prosequi (dismissed without prejudice)
- Indecent exposure: dismissed
- Robbery: dismissed
- Harassing phone calls: dismissed
- Misdemeanor possession of marijuana: dismissed
- Misdemeanor hit and run: dismissed
- Violation of protective order: dismissed
- Possession of marijuana with intent to distribute: dismissed
- Driving under the influence: dismissed
- Possession with intent to distribute cocaine: reduced to simple possession of cocaine
- Misdemeanor domestic assault and battery: dismissed
- Misdemeanor driving on a revoked license: dismissed
- Misdemeanor driving outside of the restricted license terms: dismissed
- Misdemeanor possession of marijuana with intent to distribute: dismissed
- Misdemeanor driving under the influence: not guilty
- Grand larceny: reduced to petty larceny with all jail time suspended
- Felony failure to appear: reduced to misdemeanor failure to appear, all time suspended
- Felony destruction of property: reduced to misdemeanor destruction of property, all time suspended
- Felony conspiracy: nolle prosequi
- Felony attempt: nolle prosequi
- Felony uttering: nolle prosequi
- Misdemeanor possession of marijuana: dismissed
- Misdemeanor obstruction of justice: dismissed
- Driving under the influence (drugs): reduced to reckless driving with no license suspension
- Failure to pay cab fare: nolle prosequi
- Reckless driving: reduced to improper driving
- Misdemeanor driving under the influence: dismissed
Cases in the News
- Drug case falls apart against man claiming Norfolk police brutality (The Virginian-Pilot)
- NAACP, police investigating after Norfolk man says officers slammed his face into ground (The Virginian-Pilot)
- ODU streaker wins indecent exposure appeal (The Virginian-Pilot)
Client Testimonials
“Mr. Montagna is interested in what is best for his clients. He has a formula for you to follow, making it easy to see possible resolutions. He ensures you are in your best standing in front of the court. He represents his clients with an assured and confident nature that is alluring to watch. His preparations for his client is top notch. He communicates with law enforcement agents and the courts effectively for his clients; ensuring there are no surprises before you approach the bench. I would highly recommend Mr. Montagna and his employees at his firm to help you when you are in a tight spot. WORTH EVERY PENNY!!” – M.
“Very energetic and knowledgeable lawyer. While it was an expensive endeavor, he took the time to understand my circumstances and represented me very well to the court. I would use Mr. Montagna again, and would recommend him.” – Dennis S.
“Mr Montagna has helped me with two cases now, both times he has been professional and helpful. In both cases my charges were reduced and I was very pleased with the results. If I have any other driving incidents or personal injury I will definitely be given Mr montagna a call back.” – Steven E.
“No one loves their encounters w/the judicial system, but Mr. Montagna and his team were great in providing clear and effective services. He’s a professional who knows what he’s doing and how to advise – I hired him to work on a traffic offense. Moreover, Mr. Montagna is very personable, so that combined with his experience in the field helped make something that could have been quite stressful rather manageable. Would definitely recommend!” – Olivia O.
Our Virginia Criminal Defense Lawyers That Think Outside of the Box
Montagna Law defense attorneys approach criminal cases with creative and unconventional defense strategies. We aim to think outside the box to find unique solutions that protect our clients’ rights.
It is not uncommon for criminal defense cases to become complex. Our criminal defense attorneys are equipped to adapt and identify the right strategy to defend our clients. We provide personalized, innovative defense tactics tailored to each client’s circumstances.
Types of Criminal Charges Our Law Firm Defends

Montagna Law defense attorneys can handle a range of criminal offenses, essentially all types of misdemeanor and felony charges. The following are examples of the types of cases our attorneys have experience in.
All Misdemeanors:
- DUI Charges
- Reckless driving
- Hit and run
- Destruction of property
- Petty larceny
- Concealment
- Assault and battery
- Domestic assault and battery
- Obstruction of justice
- Drunk in public
- Disorderly conduct
- Obtain money by false pretenses
- Trespass
- Resisting arrest
Felonies:
- Robbery
- Strangulation
- Grand larceny
- Possession of drugs with and without intent to distribute
- Petty larceny third offense
This is not a full list of cases our law firm can handle. Contact our law firm to see how we can help you.
Why Do I Need a Criminal Defense Lawyer?
If you are charged with a misdemeanor, felony, or a combination of charges, you should contact an attorney. A criminal defense lawyer can play a critical role in protecting defendants’ rights, navigating the legal process, and developing a strong defense strategy.
The professional legal representation you have will greatly influence the outcome of your case. Remember, even if you are accused, it does not mean you are guilty of those charges. You have rights and are presumed innocent until proven guilty.
Who is Anthony Montagna, III?
Anthony Montagna has many years of experience practicing law and defending clients in the Commonwealth of Virginia for all types of criminal offenses. As the child of a Navy JAG attorney, Anthony has spent a good portion of his life in Virginia, including attending the Norfolk Academy and the University of Richmond.
Over the years, Anthony has cultivated strong relationships with the legal and judicial communities in the Hampton Roads area, and he is well known for his knowledge of the law. Whether your case is straightforward or complex, Anthony will fight for you to be treated fairly and protect your rights.
Cities and Counties Where We Practice
Our law firm has proudly served the entire Hampton Roads area since 1993. Areas we serve include but are not limited to:
- Norfolk
- Portsmouth
- Virginia Beach
- Chesapeake
- Suffolk
- Hampton
- Williamsburg/James City
- Newport News
- Isle of Wight County
- Accomack County
- New Kent, York
- Gloucester County
- Northampton County
What Should I Do if I’m Facing Criminal Charges in Virginia?
After being arrested by police officers and charged with a criminal offense, you may be frightened and confused about what will happen next, but you don’t have to go through this process alone.
The first step you should take is to call a criminal attorney who is experienced in the type of crime you are accused of committing this is regardless of whether you are accused of a misdemeanor or felony offense. Timeliness is everything. It is essential to find an attorney who has experience in your type of case, has in-depth knowledge of Virginia’s laws, knows how to identify reasonable doubt to prove innocence, uses effective courtroom strategies, and has a good track record as a trial lawyer.
Your attorney can advise you on how to proceed and how to act so you can avoid self-incrimination while your case is pending. Additionally, they will work with you to gather all facts, evidence, and assemble a defensive strategy before your initial court date.
What Are Your Constitutional Rights as a Defendant in a Criminal Case?

You have rights and constitutional protections, including the right to:
- Remain silent
- A fair and speedy trial
- Trial with a jury
- Legal representation
- Protection against self-incrimination
The Fourth, Fifth, Sixth, and Eighth Amendments will play an important role when assembling your legal defense.
What Legal Rights Do Minors Have if Charged With a Criminal Offense in VA?
Constitutional rights apply to minors the same way they apply to adults. However, minors have additional legal protections and procedures in Virginia’s criminal justice system.
Criminal cases against minors are heard in local Juvenile and Domestic Relations District Courts. Juries are not present in these courts.
If your minor child has been arrested in Virginia for a criminal offense, you will want to contact a skilled attorney to handle the case and discuss how expunging a criminal record for juvenile offenders works.
How Does the Legal Process Work for Criminal Cases in Virginia?
The criminal justice process typically involves the following steps.
- Arrest by law enforcement or the issuance of a warrant for arrest
- Defendant is released on their own recognizance, or a bond is set
- Bond hearing is set, if applicable
- Charging by the Commonwealth Attorney
- Initial court appearance
- Preliminary hearing (if applicable) where evidence is heard (occasionally, cases will go straight to a Grand Jury)
- Arraignment where the defendant enters a plea of guilty or not guilty
- Trial or plea negotiations
- Sentencing (if convicted)
Defendants have the right to appeal their conviction to a higher court. The appellate courts will then decide whether the original conviction stands, if the case will be retried, or if a case will be dismissed.
What Are the Potential Outcomes of a Criminal Case?
The outcome of a criminal case will heavily depend upon evidence and defensive strategies. Possible outcomes are plea agreements, dismissals, trials, and, if convicted, sentencing.
Protect Your Rights With a Virginia Criminal Defense Attorney
Facing a criminal charge can leave you feeling frightened and uncertain about the future. It is important to obtain strong legal representation because a charge on your permanent record can significantly impact your life.
The knowledgeable and experienced Virginia criminal defense lawyers at our law firm are committed to defending people charged with crimes. Our attorneys will advocate for a fair process and a more preferred outcome in every case.
If you or a loved one has been arrested on a criminal charge, Montagna Law defense attorneys will fight hard to defend your rights. To schedule a free consultation with a member of our legal team, call us at 757-625-3500 or fill out our online contact form.

Written By Anthony Montagna, III
Anthony graduated from Norfolk Academy in 1986. After graduation, Anthony attended and graduated from the University of Richmond with a Bachelor of Arts degree in Economics. Practicing since 1993, Anthony has successfully defended individuals charged with serious crimes and traffic offenses like reckless driving and DUI charges.