Virginia Criminal Defense Attorney
When you are facing gun charges in Fairfax, it’s important to stay calm and remember that you have options. A skilled Fairfax gun lawyer can work with you to help move past the charges, whether that means fighting them in court or working with the prosecution to negotiate a favorable plea bargain.
There is certainly a violent stigma associated with any charge involving firearms. However, the Fairfax gun attorneys at our firm can help you to demonstrate in a court of law that the alleged actions either did not take place or took place without violent intent—perhaps even accidentally. Prosecutors generally pursue gun charges aggressively, but with an experienced legal advocate defending you, you can face the charges with confidence.
To learn how specifically you may benefit from working with a gun lawyer in Fairfax, call us today, and we’ll conduct your initial consultation. En Español.
The right to keep and bear arms, as granted by the United States government, is regulated by both state and federal laws. Because of far too many frightening cases of gun violence within schools and other public areas, the state of Virginia has reevaluated its gun laws and intensified the enforcement of such laws. The state government has the right to specify when, how, and to whom the right to possess is given. In order to promote the safety of its residents, Virginia places stipulations on gun ownership, ability to carry or possess, and use. At a state level, the government places regulations upon concealed weapons, restrictions upon where and by whom a firearm may be in possession and restrictions against the unsafe discharge of a firearm.
Regardless of whether you are being charged with a crime involving the firing or mere possession of a gun, a Fairfax gun attorney can help.
The Virginia Criminal Code addresses gun laws in Section 18.2-279 through Section 18.2-312. Gun crimes are considered “Crimes Involving Health and Safety,” and are discussed in Chapter 7. It is here that individuals prohibited to possess a firearm are listed as well as acts prohibited with a firearm.
According to the code, it is illegal for a person under the age of 18 to be in possession of a firearm, and similarly, it is illegal to assist a minor with the acquisition of certain weapons. Those who have been convicted of a felony, convicted of two misdemeanor drug crimes in the past three years or those who have been acquitted of a crime by reason of insanity are also prohibited to possess a firearm. Also included in this list are non-U.S. citizens, illegal immigrants, those legally declared as mentally incapacitated or incompetent, and those subject to a protective order. If anyone included in this list is caught in possession of a firearm, he or she faces criminal charges and the associated penalties.
There are too many specific firearm-related statutes in Virginia to speak about them all in this page, but your Fairfax gun lawyer can help you to understand the nuances of the particular gun charges you may be facing, as well as your best options for defense.
The criminal code addresses another “Crime Involving Health and Safety” when it defines a number of felony offenses which may include a firearm or other weapon. With a felony conviction comes more severe penalties which are deemed to fit a more severe crime. Some felony crimes called out in this section are:
If during the alleged commission of a felony crime such as these, an individual is accused of using, brandishing, or firing a gun, then he or she may incur a separate felony charge, in addition to the felony charge for the primary offense.
According to the Virginia Code, there is a mandatory minimum incarceration for the use or display of a firearm in the process of committing a felony. For a first offense, there is a minimum imprisonment of three years, and for a second or subsequent offense, the convicted felon is sentenced to a minimum of five years in prison. This imprisonment is separate and apart from the penalties and imprisonment that accompanies the primary felony conviction, and the prison terms are to run consecutively, meaning a longer incarceration because of the use of a firearm.
Gun laws in Fairfax, Virginia, can seem complicated to those who are lawyers. An experienced gun crime attorney will understand the charges and associated penalties you face, and can help you make sense of your situation. Contact a Fairfax gun lawyer for a free consultation where he or she can gather from you the information needed to develop a strong defense.