Fairfax, Virginia Weapons Charges Defense Lawyer

Trusted Weapons Charges Defense Attorney for Clients in Fairfax, VA

When a dangerous weapon or firearm is tied to a criminal offense, the charges can become much more serious. Oftentimes, these cases involve felony penalties that carry the possibility of years in prison. If you have been accused of one of these violations, turn to a Fairfax, Virginia weapons charge defense attorney for help.

At Bret Lee Legal Solutions, we provide clear counsel and confident representation for clients accused of weapons offenses. We can meet with you early into your case to discuss your legal strategy, strategizing with you one-on-one to build a legal defense suited to your case. Attorney Bret Lee has earned numerous awards for his successes in and outside of the courtroom, so you can trust that your case will be handled by a qualified attorney.

Penalties for Using a Firearm During Certain Felonies

Virginia imposes a separate criminal penalty when a person uses, attempts to use, or displays a firearm in a threatening manner while committing certain felonies. The statute applies to offenses such as murder, robbery, carjacking, burglary, abduction, and certain malicious wounding charges. This means a person can face the underlying felony charge and an additional firearm charge arising out of the same incident.

That additional firearm charge carries mandatory prison time. For a first conviction, the sentence is a mandatory minimum of three years. For a second or later conviction under the same statute, the mandatory minimum rises to five years. Those penalties are especially serious because the sentence must be served consecutively, not at the same time as the punishment for the underlying felony.

In cases such as these, a defense may focus on whether the object actually qualified as a firearm, whether it was really used or displayed in a threatening way, or whether the prosecution can prove the underlying felony in the first place. When the firearm allegation falls apart, the sentencing exposure in the case can change dramatically.

Charges for Shooting With Intent to Maim or Kill in Virginia

Virginia law treats shooting with intent to maim, disfigure, disable, or kill as a very serious offense. When the prosecution alleges that the act was done maliciously, the charge is a Class 3 felony. Under Virginia's punishment statute, a Class 3 felony carries five to 20 years in prison and a possible fine of up to $100,000.

If the prosecution claims the act was unlawful but not malicious, the offense is reduced to a Class 6 felony, only punishable by one to five years in prison. The difference between a malicious act and an unlawful but non-malicious act can have a major effect on the stakes of the case.

Can Felons Possess Firearms in Fairfax?

In Virginia, a convicted felon generally may not knowingly and intentionally possess or transport a firearm or ammunition. The prohibition also applies to certain other categories of people, including some individuals with qualifying juvenile adjudications. A person does not have to be caught using a gun in another crime to face this charge. Simple possession can be enough.

This offense is generally charged as a Class 6 felony. Virginia law does provide limited avenues for restoration in some circumstances, but a person should never assume that a prior conviction will not impact gun ownership rights.

Contact a Fairfax Weapons Charges Defense Attorney Today

Weapons charges can expose you to mandatory prison time, felony penalties, and long-term damage to your future. At Bret Lee Legal Solutions, we can examine the allegations, look for weaknesses in the prosecution's case, and fight to minimize the charges in court. Call 703-936-0580 or contact our Fairfax weapons charges defense lawyer today to schedule a complimentary consultation with our firm.