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Last Modified on Apr 23, 2026
If you or a loved one is charged with a crime, an autism diagnosis may actually help your chances of receiving a more favorable sentence. Autism criminal defense strategies exist to protect people with Autism Spectrum Disorder (ASD) when they are going up against the criminal justice system. It’s imperative that you understand how Autism Spectrum Disorder can affect criminal charges in Virginia to navigate your case successfully.
A Virginia autism criminal defense attorney can work with you to develop your defense and advocate for you in and out of the courtroom. Johnson/Citronberg can even help you seek an autism diagnosis if you were not diagnosed at the time the alleged crime was committed. By working with a criminal defense lawyer, you can better understand state and federal autism criminal defense laws. They can also pursue a favorable outcome for your case.
Navigating Autism in Virginia Criminal Cases
It’s estimated that approximately 5.4 million adults in the United States are autistic, and that’s only accounting for those who have been formally diagnosed. ASD is a developmental disability that can affect an individual’s communication skills, social skills, speech, and other behaviors.
Individuals with autism can exhibit a wide range of symptoms and experience many challenges. Each person’s situation can vary widely, which can make forming autism criminal defense strategies a personalized experience, too. Many people catch autism symptoms early on in childhood, but many others go into adulthood not knowing they are different. Common behaviors that people with ASD exhibit include:
- Communication differences
- Fixed or restricted interests
- Insistence on a routine
- Problems with maintaining eye contact
- Repetitive motor movements (stimming)
- Sensory issues
- Social challenges
Virginia’s autism rate as of recent years has been 976 per 100,000 people. Autism criminal defense laws exist to protect these individuals in the event they find themselves in situations involving law enforcement and the criminal justice system.
A study on individuals with autism in the United States reports that 20 percent of people with ASD are going to interact with law enforcement, and at least five percent are likely to be arrested by the time they are 21 years old. If you or a loved one is in this situation, it’s critical that you know what steps to take.
Fortunately, you don’t have to do everything on your own. It’s highly recommended that you hire an autism criminal defense lawyer to represent you throughout your case.
FAQs
What Are the Most Common Types of Criminal Charges Against People With Autism in Virginia?
The most common types of criminal charges against people with autism in Virginia include:
It’s important to note that individuals with autism are not more predisposed to commit these crimes just because they are more frequently charged. Recent data shows that 44 percent of people with ASD are actually victimized by a criminal act.
Can Autism Be Used as a Defense in a Criminal Case in Virginia?
Yes, autism can be used as a defense in a criminal case in Virginia. A successful autism defense may lead the court to defer proceedings, during which time the defendant can be placed on probation. The ultimate goal is to have them dismiss the case altogether.
To use autism as a defense, your lawyer must provide clear proof of a diagnosis and demonstrate how the disability directly led to the alleged criminal behavior.
Can I Be Diagnosed With Autism After My Arrest in Virginia to Defend Against Criminal Charges?
Yes, you can be diagnosed with autism after your arrest in Virginia to defend against criminal charges. The key to a successful autism defense is an official diagnosis. It doesn’t necessarily matter when you’re diagnosed.
Our lawyers at Johnson/Citronberg have access to leading clinical psychologists for this very reason. We make it easy to be evaluated and receive a formal diagnosis. This can then be used in court to prove your condition and work toward a more favorable outcome.
What Are Alternative Sentences for Individuals With Autism in Virginia?
Alternative sentences for individuals with autism in Virginia refer to different, often less severe, consequences for a criminal offense based on the details of the case. Some common alternative sentences include:
- Community service
- Diversion programs
- Treatment programs
- Work release
It’s wise to hire an autism criminal defense attorney to navigate plea bargains and pre-trial motions to work toward a fair outcome. They can gather the necessary evidence for your defense.
Hire an Autism Criminal Defense Lawyer to Discuss Your Legal Options in More Detail
Navigating a criminal charge can be stressful for anyone. For individuals with ASD, the process can be even more overwhelming and challenging. It’s recommended that you hire an experienced autism criminal defense lawyer to explain your options if you or a loved one with autism is dealing with a criminal case.
For over 30 years, Johnson/Citronberg has been navigating complex criminal cases at the state and federal levels. We’ve built working relationships with state forensic analysts, investigators, and various other professionals to build solid defenses against our clients’ charges.
From the time we first opened our doors, we’ve built a great reputation, including the following awards:
Our company accolades and awards have varying criteria, and they don’t guarantee case results for future clients.
You also may have seen us on local media channels. We have appeared as legal commentators many times over the years. As a local Virginia law firm with national recognition, we’re confident we have the skills and resources to represent your case.
Get in touch with a member of our team to learn more about our services. Contact us at the office to set up an appointment with a trusted attorney today. Our office is on King Street in Alexandria near Old Town and the Alexandria Historical District.
