Unsure, unless the prosecution has something else. What Chris should be worried about is the jury, and I can see him demanding one. He just seems like that where he's hell bent on getting whatever his defense is now out there. As some of the legal eagles here have said, Virginia is one state where the jury can recommend sentencing. So if he goes in there, being well, Chris, I can see the jury taking a strong dislike of him. Even without makeup or girl shit on, the dude looks like the classic, greasy haired scumbag, and seeing him glaring at the prosecution when they bring stuff up, interrupting the proceedings, making stupid noises, or screaming out things to jury is not going to go the way he thinks.