Northern Virginia Gun Lawyer

Virginia prohibits certain individuals from possessing firearms, including those convicted of felonies, certain misdemeanors involving violence or drugs, individuals subject to protective orders, and those adjudicated mentally incompetent. If you’ve been charged with possession by a prohibited person under Virginia Code Section 18.2-308.2, you face a Class 6 felony carrying up to five years in prison. We examine whether the underlying conviction or prohibition was valid, whether you actually possessed the firearm, and whether law enforcement conducted a legal search. Many possession cases can be defended successfully when police violated constitutional search and seizure protections.

Virginia allows concealed carry with a valid permit, but carrying a concealed handgun without proper authorization is a Class 1 misdemeanor under Virginia Code Section 18.2-308. This charge applies even if you legally own the firearm. Penalties include up to 12 months in jail and a $2,500 fine. We defend these cases by examining whether the weapon was actually “concealed” under Virginia law, whether you had a valid permit from another state with reciprocity, and whether exceptions apply for certain locations like your home, business, or vehicle. Our Fairfax gun lawyer team has helped many clients avoid conviction through these defenses.

Bringing a gun onto school grounds is a serious felony in Virginia, even if you have no criminal intent and simply forgot the weapon was in your vehicle. Virginia Code Section 18.2-308.1 makes this a Class 6 felony with enhanced penalties. We’ve successfully defended teachers, parents, and school employees charged with this offense by demonstrating lack of knowledge, unintentional presence, or qualifying exceptions under the statute.

Pointing, holding, or displaying a firearm in a threatening manner is prohibited under Virginia Code Section 18.2-282. This can be charged as either a misdemeanor or felony depending on circumstances and location. Brandishing cases often arise from self-defense situations, arguments that escalated, or misunderstandings. We defend these charges by establishing that you acted in self-defense, that no threatening behavior actually occurred, or that witness accounts are unreliable. Many brandishing charges stem from subjective interpretations of events and can be successfully challenged.

Using or displaying a firearm while committing or attempting to commit certain felonies triggers mandatory minimum sentences under Virginia Code Section 18.2-53.1. These charges often accompany drug crimes, robbery, assault, or theft offenses. The mandatory minimums range from three years to life imprisonment depending on the underlying offense and whether someone was injured. Defense strategies focus on challenging whether you actually possessed the weapon, whether it was used in commission of the alleged crime, and whether the underlying offense charge is valid.

Buying a firearm for someone legally prohibited from owning one is a federal crime under 18 U.S.C. Section 922(a)(6). This charge often arises when someone with a clean record purchases a gun and then transfers it to a prohibited person. Federal prosecutors in Northern Virginia aggressively pursue these cases. We defend straw purchase charges by examining the buyer’s intent, whether they actually knew the recipient was prohibited, and whether proper transfer procedures were followed.

Virginia prohibits specific weapons including sawed-off shotguns, silencers, certain knives, and plastic firearms under Virginia Code Section 18.2-308.2:01. These charges can be misdemeanors or felonies depending on the weapon type and circumstances. Defense often involves technical challenges to how the weapon is classified and whether it actually meets the statutory definition of a prohibited weapon.

Carelessly handling a weapon in a way that endangers others violates Virginia Code Section 18.2-56.1 and is a Class 1 misdemeanor. This charge often arises from accidental discharges, improper storage where children gain access, or negligent behavior at shooting ranges. We defend these cases by examining whether the conduct actually met the legal definition of “reckless” and whether the alleged danger was real or speculative.

We examine whether police had legal grounds to stop, search, or arrest you. Many gun cases are won or lost on Fourth Amendment search and seizure issues. If police violated your rights, evidence can be suppressed and charges dismissed.

We scrutinize the exact statutory language of your charges and identify technical defenses, lesser included offenses, and potential weaknesses in the Commonwealth’s case.

We gather surveillance footage, witness statements, firearms records, and expert testimony. In cases involving self-defense or brandishing, we obtain statements from everyone present to establish what actually happened.

We file motions to suppress evidence, dismiss charges, or reduce felonies to misdemeanors where appropriate. We negotiate with prosecutors using our knowledge of local court practices and sentencing patterns.

If your case goes to trial, we prepare a comprehensive defense strategy using expert witnesses, constitutional arguments, and compelling presentation of facts. Our gun lawyer team has extensive trial experience and isn’t afraid to fight charges in court.

If conviction is unavoidable, we advocate for alternative sentencing, reduced penalties, and preservation of rights wherever possible.

The Second Amendment protects your right to bear arms, and the Fourth Amendment protects you from unlawful searches and seizures. We examine whether police had reasonable suspicion to stop you, probable cause to search you or your vehicle, and whether they obtained proper warrants. Many gun cases are dismissed when we successfully argue that evidence was obtained unconstitutionally.

In some cases, you may not have known a firearm was present. This commonly occurs when you’re driving someone else’s vehicle, when weapons are left in shared spaces, or when firearms are concealed in bags or containers. If you didn’t know the gun was there, you may not be guilty of possession.

Prosecutors must prove you actually or constructively possessed the firearm. Constructive possession means you knew about the weapon and had the ability to control it. If a gun is found in a car with multiple occupants, we can challenge whether prosecutors can prove it belonged to you specifically.

Virginia recognizes your right to protect yourself from imminent harm. If you brandished or used a firearm in legitimate self-defense, this provides a complete defense to charges. We present evidence showing you reasonably feared immediate danger and used appropriate force to protect yourself or others.

If you have a valid concealed carry permit from another state, Virginia may recognize it through reciprocity agreements. We verify whether your out-of-state permit was valid at the time of arrest and whether Virginia honors permits from your state. Even if reciprocity doesn’t apply, we may be able to reduce charges.

In cases involving multiple people or chaotic situations, police sometimes arrest the wrong person. We investigate whether witnesses reliably identified you and whether physical evidence actually connects you to the alleged offense.

If you’re charged with possession by a prohibited person, we examine whether the underlying conviction that prohibits you from having firearms was valid. Some prior convictions can be challenged, set aside, or may not actually qualify as prohibiting offenses under Virginia or federal law.

We file motions to suppress evidence when police conduct warrantless searches without your consent or probable cause, extend traffic stops beyond their lawful scope, search your vehicle or home without proper justification, or use unconstitutional pretexts to investigate firearms. Successfully suppressing evidence often results in dismissed charges because prosecutors can’t prove their case without the illegally obtained gun.

You have an absolute Fifth Amendment right not to answer questions. Police will try to get you to explain the situation, justify your possession of the weapon, or provide information about where you obtained it. Do not speak to them beyond providing basic identification. Anything you say will be documented and used against you in court. Even innocent explanations can be twisted to support prosecution theories.

You have a Sixth Amendment right to legal representation. Invoke this right immediately by stating clearly, “I want to speak with my attorney.” Police must stop questioning you once you invoke this right. Do not let them convince you that requesting a lawyer makes you look guilty or that cooperation without an attorney will help you. Your Fairfax gun crime lawyer can communicate with police on your behalf.

Police cannot search your person, vehicle, or home without probable cause, your consent, or a valid warrant. If an officer asks to search, you have the right to refuse. Do not consent to searches even if you believe you have nothing to hide. Police can manipulate situations to find firearms you forgot about or interpret legal possession as criminal.

You must be informed of the charges against you. At your arraignment, typically within 72 hours of arrest, the court will formally notify you of the specific statutes you’re accused of violating. Understanding the exact charges helps your gun lawyer Arlington develop appropriate defense strategies.

Virginia law requires your case move forward without unnecessary delay. Misdemeanor gun cases typically resolve within two to four months, while felony cases take six months to over a year depending on complexity and court schedules. Your attorney can file motions if your case is delayed unreasonably.

You have the right to cross-examine witnesses against you and to present your own witnesses. This is critical in firearms cases where police officers, alleged victims, or bystanders may have incomplete or inaccurate accounts of what happened.

You cannot be forced to testify against yourself. If your case goes to trial, you can choose whether to testify. Your attorney will advise you based on the specific circumstances, but the decision is ultimately yours. Prosecutors cannot comment on your decision not to testify.

No, never speak to police about a gun charge without an attorney present. You have an absolute constitutional right to remain silent, and you should exercise it. Police are trained to obtain incriminating statements, and even innocent explanations can be twisted to support criminal charges.

Simply state that you want to speak with your lawyer and refuse to answer questions until your attorney is present. This applies whether you’re being arrested, detained, or just questioned as a witness.

It depends on the specific charge, your criminal history, and the facts of your case. Misdemeanor gun charges can result in jail time up to 12 months, but many first-time offenders receive suspended sentences, probation, or alternative sentencing. Felony firearms charges carry potential prison sentences ranging from one year to life depending on the offense. Some charges include mandatory minimum sentences that judges cannot reduce. However, many gun cases result in reduced charges, dismissed cases, or alternative sentences when defended properly. The key is having an experienced attorney who can identify defenses and negotiate effectively with prosecutors.

Most misdemeanor firearms cases in Northern Virginia resolve within two to four months from arrest to final disposition.

This includes the arraignment, pretrial hearings, and either a trial or plea agreement. Felony gun cases typically take six months to a year or longer depending on the complexity of charges, whether motions to suppress evidence are filed, and court scheduling. Cases involving federal charges can take even longer due to federal court procedures and grand jury indictments. Time-sensitive evidence makes early attorney involvement critical regardless of how long the overall case takes.

Yes, many gun charges can be dismissed or reduced through effective defense work. Common paths to dismissal include successful suppression of evidence due to illegal searches, lack of probable cause for arrest, insufficient evidence to prove possession, violations of your constitutional rights, and witness credibility problems.

Even when dismissal isn’t possible, we often negotiate reduced charges such as felonies reduced to misdemeanors, charges with mandatory minimums reduced to offenses without mandatory sentences, or weapons charges reduced to lesser violations. Your specific case facts and criminal history affect what outcomes are realistic, but every case deserves aggressive defense.

Your first court appearance is the arraignment, which typically occurs within 24 hours of arrest for detained defendants. At arraignment, the judge informs you of the charges, explains your rights, and addresses bail or bond conditions.

You’ll enter a plea of guilty, not guilty, or no contest. In nearly all cases, you should plead not guilty to preserve your defense options. The judge will set future court dates for pretrial conferences or trial. If you’re released on bond, you’ll receive conditions you must follow such as surrendering any firearms, staying away from certain locations, or checking in with pretrial services. Having a gun charge attorney Virginia at your arraignment helps protect your rights and secure the most favorable bond conditions.

If convicted of a gun crime, yes, you will have a criminal record. Felony firearms convictions remain on your record permanently in Virginia and cannot be expunged.

Some misdemeanor gun convictions may be eligible for expungement after waiting periods if you meet specific criteria, but many weapons offenses do not qualify. This is why fighting the charges is so important. A conviction follows you in background checks for employment, housing, professional licensing, and firearm ownership. Even if you avoid jail time, the collateral consequences of a criminal record can be severe and long-lasting.

No, you should not plead guilty without first consulting an attorney and exploring all your defense options.

Many people plead guilty because they believe the evidence is overwhelming or they want to get the case over with quickly, but this is almost always a mistake. An experienced defense attorney can identify constitutional violations, challenge evidence, negotiate with prosecutors, and potentially get charges dismissed or reduced. Even if the evidence seems strong, prosecutors must prove every element of the offense beyond a reasonable doubt. Pleading guilty means you waive all your defenses and accept a criminal record with long-term consequences. Always speak with a Virginia gun crimes attorney before considering any plea agreement.

Yes, absolutely. Gun crimes carry serious penalties including potential prison time, permanent loss of firearm rights, and a criminal record that affects your future. Virginia’s firearms laws are complex, and prosecutors take weapons charges seriously.

An experienced Fairfax gun lawyer understands constitutional search and seizure law, knows how to challenge evidence, can identify defenses you wouldn’t recognize on your own, and has relationships with local prosecutors that allow for effective negotiation. Public defenders are overworked and may not have firearms defense experience. The investment in private counsel often means the difference between conviction and dismissal, or between felony and misdemeanor outcomes. Free consultations allow you to understand your options before making any decisions.

Legal ownership doesn’t automatically protect you from criminal charges.

You can legally own a firearm but still face charges for carrying it in prohibited locations like schools or government buildings, carrying it concealed without a proper permit, brandishing it in a threatening manner, possessing it while prohibited due to protective orders or certain convictions, or using it during the commission of another crime.

However, legal ownership can be helpful in your defense by demonstrating you’re a law-abiding gun owner who made a technical violation rather than someone engaged in criminal activity. Your attorney can use evidence of legal ownership to negotiate reduced charges or alternative sentencing.

Not automatically. Police need either your consent, probable cause to believe a crime has occurred, or reasonable suspicion that weapons are present for officer safety. Simply being pulled over for a traffic violation doesn’t give police authority to search your vehicle for firearms.

However, if you consent to a search or if police claim they smell marijuana or see something suspicious in plain view, they may argue they had authority to search. Never consent to vehicle searches, and if police search anyway, remain calm and don’t resist. Your attorney can later challenge whether the search was constitutional and seek to suppress any evidence found, which often results in dismissed charges.