Virginia Gun Lawyer
If you find yourself on the receiving end of a gun charge in the state of Virginia, then an experienced, local attorney is the best answer to the legal problems you are facing. A Virginia gun lawyer can guide you through your case from beginning to end, keeping you educated and informed throughout what is often a lengthy and confusing process.
Second Ammendment Limits
The Second Amendment to the the United States Constitution preserves and protects the right of citizens to keep and bear arms. These rights are not, however, unlimited. Although one has a right to own and use a gun, there are many laws everyone must follow if they choose to carry in the state of Virginia.
Under Virginia code, if someone willfully discharges a gun in a street, city, town, place of business, or public gathering, then they face a Class 1 misdemeanor or a Class 6 felony, depending on whether or not bodily injury to someone else occurred.
Under the Virginia Code, the following are also unlawful uses of a gun:
- Pointing, holding or even brandishing guns in public
- Leaving guns around recklessly such that they are accessible to children
- Carrying guns in churches, courthouses, and airport terminals under certain unlawful circumstances
Malicious Discharge of a Firearm
Also under local statutes, if someone maliciously discharges a gun inside of, or at, a building or home that is occupied by one or more people in such a manner as to endanger the life or lives of such person or persons, the perpetrator faces a Class 4 felony.
If the shooting is done unlawfully, but not maliciously, it is Class 6 felony. However, willfully shooting at, or in, a school building, whether it is occupied or not, is a Class 4 felony. It is also illegal to maliciously, or unlawfully, throw a missile at, or against, an occupied building if it endangers the lives of those inside.
Any resulting deaths can lead to a conviction of murder in the first degree or second degree, depending on the facts and circumstances of the case.
Length of Process
The length of the entire legal process from start to finish is going to depend on how the person is charged. They can be charged either on a warrant or via direct indictment. If the former, the process is a little bit longer because it has to go through the lower court.
If it is a felony, probable cause has to be found and it has to be certified by the grand jury. On average, a gun felony in Virginia is going to take about seven months. That said, seven months is a conservative estimate.
When to Seek Advice
A person definitely does not want to wait until they have been charged to seek advice from a Virginia gun lawyer. If a person has any questions, the responsible or pragmatic approach to avoid trouble in the future is to consult an attorney before potentially buying a new kind of weapon, or shooting it, or transporting it. Potential concerns to address include:
- Whether or not the firearm is legal
- Whether or not it is legal based on their past criminal record
- Whether or not hey can use it in certain places
How an Attorney Can Help Combat Charges
The Virginia gun attorneys at our firm are experienced, aggressive, and know how to work with their clients, police, and prosecutors at every phase of the process.
In addition, they have invaluable courtroom experience with the judges in the jurisdictions in which they practice. Thus, they can work to get any gun charges you face reduced or even dropped through active advocacy, perseverance, and negotiation on your behalf.
Unfortunately, a criminal conviction is something that will follow throughout your life. Knowing this, the Virginia gun lawyers at our firm strive to do everything they can to help you. They understand what is at stake and the stress of the situation you are going through.
When you need an experienced, empathetic counselor and advocate, do not hesitate to reach out to a Virginia gun lawyer for help.