What to Do if You are Charged with Gun Possession in Virginia

What to Do if You are Charged with Gun Possession in Virginia

Most gun offenses in Virginia are felonies with mandatory minimum sentences. 

A conviction of gun possession will not only bring stiff penalties, but may have life-long consequences like the loss of professional licenses, limited employment opportunities, and a permanent criminal record. 

Penalties for other convictions of (apart from gun possession) can run consecutively with your other sentences.

If you have been charged with gun possession in Virginia, contact a criminal defense lawyer to protect your rights. 

What are the Most Common Gun Violations in Virginia?

The Commonwealth of Virginia has over 30 firearm-related offenses — here are some of the most common. 

  • Concealed Weapon
    Under Virginia Code § 18.2-308, carrying a concealed weapon like a handgun, switchblade knife, brass knuckles, or other enumerated weapons without a permit is a Class 1 misdemeanor.
  • Possession of a Firearm on Any School Property
    Possessing a firearm, stun gun, knife, or other concealed weapons on any public, private, and religious school property is illegal under Virginia Code § 18.2-308.1. Possessing any firearm on such property is a Class 6 felony.
  •  Brandishing a Firearm
    Under Virginia code § 18.2-282, it is unlawful to point, hold, or brandish a gun in such a manner as to cause fear in the mind of another person. This violation is a Class 1 misdemeanor. It becomes a Class 6 felony if it occurs in any public, private, or religious school. 
  • Possession of a Firearm While in Possession of Drugs
    Possessing a firearm while in possession of Schedule I or II drugs is a Class 6 felony under Virginia Code § 18.2-308.4, and carries a mandatory minimum sentence of two years imprisonment. 
  • Display or use of a Firearm while Committing a Felony
    Displaying or using a firearm while committing a felony such as a burglary, carjacking, robbery, rape, or murder is a violation of Virginia Code § 18.2-53.1. It carries a mandatory minimum 3-year prison sentence for a first offense and five years for succeeding offenses.

How to Beat a Gun Charge in Virginia

Depending on the circumstances, lawyers will work to keep your gun possession charges in the Virginia state court if at all possible. If weapons offenses are handled in state court, lawyers could seek probation as your sentence, even if a guilty plea was entered in your case.

Your lawyer can try to have you take certain actions to prove your remorse for committing the crime, such as taking gun safety courses or doing community service. 

Such activities can show the prosecutor that you are taking your gun charges seriously and not trying to get off without accepting the consequences of your actions. 

Contact a Virginia Gun Possession Defense Attorney

 If you have been charged with a gun offense, contact Holcomb Law right away. Our compassionate attorneys can help you to build a solid case. 

Call us at (757) 656-1000 or send us a message to schedule a consultation.