Virginia Firearms and Weapons Charges Lawyer
Helping residents in Alexandria, Fairfax and the entire Northern Virginia area
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Serving residents of Fairfax County, Fairfax City, Prince William County, Loudoun County, Stafford County, Spotsylvania County, Arlington County, Alexandria, City of Fredericksburg, City of Manassas Park, City of Manassas, City of Falls Church, Town of Vienna, Town of Herndon, Town of Occoquan, Town of Dumfries, and all of Virginia.
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Helping you fight back.
Whether you have been charged with a Criminal Offense, Serious Criminal Traffic Offense, or have been injured in an Accident that was not your fault, our First-Class Attorneys are not going to let you become a victim! With our experience, we will fight back, with you and for you, to get the results you deserve.
YOU CAN’T AFFORD A CRIMINAL RECORD
When you trust your Firearms and Weapons charges to our experienced attorneys, we will work closely with you, from the beginning, to explore all aspects of your case, including:
- Dismissal of your Charge
- Reduction of your Charge
- Possible Defenses
- Plea Bargain Options
- Trial to find you “Not Guilty”
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HOW VIRGINIA LAW APPLIES TO YOU!
Having handled thousands of criminal cases in all the courts of Northern Virginia, we understand how critical your job and/or your security clearance are to your livelihood and your family. If you are convicted of a Firearms or Weapons Charge, you are facing not only significant jail time and a substantial fine; but you will also receive a permanent criminal record with the FBI and Homeland Security and you could potentially lose your job, your security clearance, future employment opportunities and your future!
There are a number of different types of Firearms and Weapons related charges that you could potentially be charged with including, but not limited to:
1. Brandishing a Firearm
2. Carrying a Concealed Weapon
3. Discharging a Firearm into a Building
4. Using a Firearm in the Commission of a Felony
5. Being a Convicted Felon in Possession of a Firearm
6. Being a Violent Convicted Felon in Possession of a Firearm
7. Making a False Statement on an Application to Obtain a Firearm
8. Possession of a Firearm While in Possession of Certain Controlled Substances
9. Reckless Handling of a Firearm
10. Shooting from a Vehicle
While the punishments for the above Firearms and Weapons charges differ from charge to charge, one thing that is constant amongst them all is that you do not want to have any of them on your criminal record.
In addition to the significant discovery, due diligence and legal work we do to get your Firearms and Weapons case dismissed, your participation in appropriate programs and classes prior to court can significantly increase your odds of an even more successful outcome … such as:
- Gun Safety Courses
- Volunteer Community Service
- Anger Management Courses
- Letters of Recommendation
- Alternative to Jail Programs
Our firearms and weapons charges attorneys have experience successfully handling Firearms and Weapons charges in all the courts of Northern Virginia, so let us help YOU!
NovaLegalGroup, P.C. also helps residents of Virginia with Legal Matters in: Alexandria, Annandale, Arlington, Burke, Centreville, Fairfax, Mclean, Oakton, Reston and Springfield.
With our experience in criminal defense, we have successfully handled thousands of cases, many like yours. We make you 3 GUARANTEES that no other law firms we know of in Northern Virginia offer:
OUR 3 UNIQUE GUARANTEES
- When you call us, you will always speak personally with one of our experienced and successful attorneys about your case, NOT a paralegal or secretary!
- We always design a customized “Plan of Action” just for your case and not just a cookie-cutter template!
- We always provide you with a personalized “Payment Plan” to meet your financial needs!
In Virginia, possession of a firearm by a convicted felon is a serious crime. If the prior conviction was for a violent felony, this charge is a Class 6 felony with a mandatory minimum prison sentence of five years. If the prior felony was non-violent, it is also a Class 6 felony, but the mandatory minimum sentence is two years. These penalties can be in addition to sentences for any other related crimes.
No, Virginia is not a constitutional carry state. You must have a valid Virginia Concealed Handgun Permit (or a recognized out-of-state permit) to legally carry a concealed handgun. Carrying a concealed weapon without a permit is a Class 1 misdemeanor for a first offense, which can result in up to 12 months in jail and a $2,500 fine. Subsequent offenses can be charged as felonies.
Under Virginia Code § 18.2-282, ‘brandishing’ means pointing, holding, or displaying a firearm in a manner that reasonably induces fear in another person. It does not require an explicit threat. Brandishing is typically a Class 1 misdemeanor, but it can be elevated to a Class 6 felony if it occurs on or near school property.
Restoring firearm rights in Virginia after a felony conviction is a multi-step process. First, your civil rights (like the right to vote) must be restored by the Governor or a court. After that, you must petition the Circuit Court in your locality. The court will review your case, the nature of the original offense, and your character since the conviction to decide whether to grant the restoration. It is a complex legal process where an attorney’s help is highly recommended.
A ‘straw purchase’ is when a person legally buys a gun on behalf of someone who is prohibited from owning a firearm themselves (like a convicted felon). Both federal and Virginia state laws make straw purchasing illegal. It is a felony offense designed to prevent firearms from getting into the hands of dangerous individuals.
Police cannot automatically search your car for guns during a routine traffic stop. Under the Fourth Amendment, they need probable cause to believe that your vehicle contains evidence of a crime before they can search it without a warrant. However, if a firearm is in ‘plain view,’ it may give them the probable cause they need to conduct a search and investigate further.
Virginia’s ‘red flag law’ allows a Commonwealth’s attorney or a law enforcement officer to petition a court for an Emergency Substantial Risk Order (ESRO). If a judge finds that a person poses a substantial risk of harming themselves or others by possessing a firearm, the judge can issue an order temporarily prohibiting that person from purchasing or possessing guns and requiring them to surrender any firearms they currently own.
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