Common Weapon Related Offenses In Virginia

In this article, you will learn…

• The common types of weapon charges in VA,
• The difference in penalties for first offenders versus convicted felons, and
• How an experienced attorney can help defend your case.

What Are The Most Common Types Of Weapon Offenses Charged In Virginia?

Some of the common types of weapons offenses charged in Virginia are…

• Possession of a firearm by a convicted felon,
• Possession of ammunition by a convicted felon,
• Possession of a firearm while in possession of a schedule I or schedule II drug,
• Possession of a firearm while in possession of a schedule I or schedule II drug with intent to distribute,
• Possession of a machine gun,
• Possession of a firearm by a juvenile,
• Possession of a firearm in areas where it’s prohibited,
• Possession of an extended magazine in areas where it’s prohibited, and
• Carrying a concealed weapon unlawfully.

The most common weapons charge is possession of a firearm by a previously convicted felon. If the prior felony was non-violent, the mandatory minimum for this charge is two years. If the prior felony was violent, this charge would carry a mandatory minimum of five years.

There are certain locations around Virginia, such as Arlington or Richmod, where there are laws which prevent you from being able to have an extended magazine with the capacity to hold in excess of 20 rounds.

What About First Time Weapon Holders, What Kind Of Charge Do They Face?

If you’re not a prior convicted felon, then you’re able to possess a weapon. However, if you’re in possession of a concealed weapon – and this could mean firearms, knives, or nunchucks – that can be a basis for a misdemeanor conviction.

A misdemeanor conviction for a concealed weapon could result in a sentence of up to 12 months in jail and a $2,500 fine.

In Richmond, VA and a lot of the surrounding and adjacent counties, there’s been an increase in gun violence and the use of guns. Judges have begun to crack down harder, even on first-time offenders, for the use of firearms, having weapons concealed on their person, or carrying extended magazines.

In the past, those people might not have gone to jail, but now they’re looking to make examples out of them. It has become extremely important to have a good lawyer on your side, because the likelihood of prosecutors pushing to put you in jail is now much higher than it used to be.

Are Most Weapon Charges In Virginia Misdemeanors Or Felony Charges?

Weapon charges that are felony charges in Virginia include..

• Possession of a firearm by a convicted felon,
• Possession of a firearm while in possession of schedule I or II drugs, and
• Carrying a concealed weapon as a second offense.

Weapon charges that are misdemeanors for first-offenders in Virginia include…

• Carrying a concealed weapon,
• Discharging a firearm in public, and
• Reckless handling of a firearm

Such as in the case of carrying a concealed weapon, many charges will be based on your priors. A first offense may be a misdemeanor while a second offense is a felony or aggravating factors could make it a felony.

If you’ve previously been convicted of a felony or involuntarily committed to a mental facility and you try to get a firearm, they will push for a felony charge.

It’s important to know how to defend those cases, along with just the variety of other charges mentioned here. There are some unique and specific things that can be done to defend any weapons charge. You just need to have an experienced lawyer that knows how to handle all of those scenarios.

What Are The Kinds Of Defenses Or Strategies For Those Kind Of Cases?

Some of the strategies an experienced attorney might be able to use for your case can include questioning whether or not the prosecution can prove that you were in possession of the firearm or the drugs. If they found the firearm or drugs in a hotel, a home, or a car, we would want to look into whether or not your rights were violated when they came into contact with you. If your rights were violated, you can file what’s called a motion to suppress.

Ultimately, the defense of your case will be based upon the facts and evidence of your specific situation. An attorney should have significant experience in dealing with these types of charges.

For more information on Weapon Related Offenses In Virginia State, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (804) 621-0854 today.