Penalties For Gun Charges in Culpeper

In Culpeper, it is difficult to generalize the severity of gun law violations because there are such wide variations with regard to how serious each particular offense is. What doesn’t change, however, is the importance of immediate contact with a knowledgeable Culpeper gun lawyer who has experience trying cases similar to their own. While some gun related offenses are more serious than others, even the least severe can have serious repercussions that making consulting a legal representative important.

Range of Offenses

If an individual has a first offense hunting violation, that will typically result in a fine and perhaps suspended jail time. However, a brandishing charge will always have the potential to result in jail time upon conviction. This is also the case if a person is convicted of possessing a firearm after being prohibited from doing so.

An individual can be prohibited from owning a firearm if:

  • They are a felon.
  • They have a criminal record.
  • They have been involuntarily committed to a mental institution.

If an individual falls into any of the above categories and they are found with a gun in their possession, jail time is inevitable.

Penalty Factors

There are certain factors in a gun law case that will influence the severity of an individual’s penalties upon their conviction of a gun offense. Those factors are going to be:

  • An individual’s record.
  • The individual facts and circumstances of the case.
  • Whether or not anyone was hurt.
  • Whether or not there was a threat of anyone being hurt.

Minimum and Maximum Penalties

There is no minimum penalty for a misdemeanor. The court has the ability to impose a penalty of up to one year in jail and a $2,500.00 fine on a class 1 misdemeanor, but it is not actually required to impose this penalty to its full extent. With this in mind, a conviction can result in very serious penalties and consequences, or a conviction can result in more lenient penalties, but it is inevitably at the discretion of the court.

The maximum penalty for a misdemeanor is that an individual will be put in jail and given a $2,500.00 fine. The maximum penalty on the lowest class of a firearm felony in Virginia is five years in jail. The penalties that accompany a particular gun charge will increase in severity based on the severity of the crime;  if convicted of employing the use of a firearm in the commission of a robbery or homicide, an individual can face a maximum sentence of life in prison.

There are also additional penalties that may arise based on the details surrounding a particular case. There are penalty enhancements for possessing a firearm, but if an individual is prohibited from doing so, or if he or she is in an area where individuals are not allowed to carry weapons, such as a school zone, a courthouse, or a government building, the penalties can be greatly enhanced and they can find themselves facing additional jail time.

Role of An Attorney

The best decision that an individual facing a gun charge can make is seeking the assistance of an experienced gun lawyer. A lawyer can provide their client with a great deal of help if he or she is facing gun offense penalties in Culpeper. They can give their client the best possible chance to succeed at trial by marshaling defense evidence to assist them as well as by helping that person mitigate and minimize the impact that the charges may have on their record.