Have You Been Charged With a Crime?

Have you found yourself in hot water, charged with a crime? The State of Virginia doesn’t look lightly on criminal acts, and the consequences can skyrocket when a gun is involved, even if you didn’t pull the trigger!

Even low-level gun crimes can carry hefty consequences, including up to a year in prison and fines up to $2,500. This doesn’t even include the social impact such a crime could have on your personal life! Losing your job and not being able to pass a background check when applying for a new one. Not being able to pass a background check when looking for an apartment. Not to mention the social judgment and losing friends and family because of a criminal charge.

It’s no laughing matter.

What is Considered a Gun Crime in Virginia?

There are more than a few dozen crimes associated with possessing or using a firearm in Virginia. Using a firearm while committing another crime, such as burglary, murder, or rape, can see a person charged with two separate offenses.

The short and simple of it, a gun crime is a criminal offense committed while using a firearm.

What Are Some Common Gun Crimes?

Not all gun crimes are as extreme as pointing a gun in a cashier’s face while committing a robbery. The most common firearm crimes may surprise you. Here are a few of the most common firearm crimes you can be charged within the State of Virginia:

Carrying a Concealed Weapon

While it is your right to own a firearm, you are still expected to follow the proper channels when concealing a weapon. This means attending classes, passing a test, and clearing a background check. If you are caught illegally concealing a weapon, you can receive a misdemeanor, face up to 12 months in jail, and fines up to $2,500. That’s just for the first charge! Repeated charges can land you with a felony with a prison sentence of up to 10 years!

Brandishing

It is illegal to point, hold, or brandish your gun in a way that causes other people to fear for their lives. Brandishing starts as a misdemeanor but can be elevated to a felony, depending on where it happens.

Possession of a Firearm by a Felon

When someone is convicted of a felony, they lose certain rights, such as the right to vote or the right to own a firearm. If a felon is found in possession of a gun, they can be charged with a felony and face a prison sentence of up to five years and fines.

Illegal Discharge of a Firearm

It is illegal to discharge a gun in a public space. This can be in a business, a public park, or a public gathering. Even if no one is injured, you can face a misdemeanor. If someone is injured, that charge ramps up to a felony.

What Are Some Common Defenses for Gun Charges?

It can feel like your whole world is crumbling around you if you are charged with a gun crime. You already know that these charges can carry hefty prison sentences and fines that can overwhelm anyone. Add in the social stigma of being labeled a criminal.

Obviously, you want to avoid all of that. You want to ensure your life carries on as usual. When you are charged with a gun crime, you are still innocent until proven guilty. Here are a few defenses employed when fighting a gun charge:

Possession

All gun charges, no matter how severe, require the prosecuting attorney to show that you were actually in possession of or owned a gun. This means that if you received a charge based on the possession or use of a firearm, it is on the prosecution to prove you actually had the gun in question in your possession.

This can be more difficult than you would think.

Lawful Discovery

The cops can’t use illegal means to find a weapon in your possession. If the police were required to obtain a warrant before the search but failed to do so, then it may be possible to have the evidence dismissed. This also means that if they did not have probable cause to make a traffic stop and subsequently found a firearm in your vehicle, your lawyer may be able to have the evidence suppressed.

Legal Transport of a Gun

Even if you do not have a concealed carry permit, you are still legally allowed to transport your firearms, as long as safety measures are followed. This would include keeping the gun stored out of reach, ensuring the weapon is not loaded, or, otherwise, removing the ability of the firearm to fire, such as with a bore-lock.

Do You Need a Criminal Defense Attorney?

If you are looking a criminal firearm charge in the face, you want to ensure you do everything in your power to get the charge reduced or dismissed. You already know that having a criminal charge is life-altering, but you may not know how far into the future it will affect you.

Don’t put your fate in the hands of an overworked, underpaid public defender. Instead, work with the experienced criminal defense team at the Law Office of Scott C. Nolan. When you work with our team, you work with a team that will fight for you!

Call 703-688-9236 to schedule your free case evaluation. This is the first step to keeping your life on track!