Guns & Weapons Charge Defense
Get the criminal defense lawyers Norfolk, VA trusts
Gun charges in Virginia can be serious. If you are convicted of a criminal charge involving firearms or weapons of any kind, the consequences may include significant jail time, depending on the nature of your weapons charge. These already serious charges become even more serious when illegal drugs are involved.
We know what’s at stake at Welch & Wright, PLLC in Norfolk. That’s why we want to help. Our dedicated team of Norfolk, VA criminal defense attorneys know the state and federal laws that apply to firearms in the Commonwealth of Virginia. That’s why we have such a strong track record of success.
Our trial lawyers also regularly represent people in court facing such serious charges, especially in General District Courts and Circuit Courts in the Hampton Roads region of Virginia. As a result, we know how the legal system really works and which legal strategies are often the most effective. We’re the law firm you want when your freedom is on the line.
Common firearms and weapons charges
The Second Amendment of the United States Constitution grants individuals the right to bear arms. Even so, there are many state and federal laws gun owners must abide by in Virginia. Such rules and regulations include:
- Brandishing a firearm, which means someone held a firearm “in such a manner as to reasonably induce fear in the mind of another.” (Virginia Code 18.2-282)
- Carrying a concealed weapon without a concealed carry permit, especially in certain public places in certain situations or if that person does not have the legal right to carry a concealed weapon. (Virginia Code 18.2-308)
That same Virginia law also applies to other concealed weapons, including switchblades, knives, and collapsible metal batons.
Penalties for firearms and weapons charges
If you are charged and convicted of a firearms or weapons charge in Virginia, the penalties can include:
- Brandishing a firearm – Up to 12 months in jail and a fine of up to $2,500.
- Unlawfully carrying a concealed weapon – Penalties vary from less than 12 months in jail to 1 to 10 years in prison depending on the circumstances of the charges. A fine of up to $2,500 may also apply.
Legal defenses for weapons charges
There are many legitimate legal defenses for Virginia weapons charges, including:
- The person accused of committing such an offense did not do so, especially in cases involving allegations of brandishing a firearm.
- The person has the right to legally carry a concealed weapon, especially if they have a permit to do so, they’re a law enforcement officer, they’re engaged in lawful hunting or they’re going to or from a shooting range, gun show or another authorized use as outlined in the Commonwealth of Virginia’s legal codes.
- The arresting police officer violated the person’s constitutional rights during the arrest.
- The weapon was discovered during an illegal search or illegal traffic stop.
- The person charged with a weapons offense was acting in self-defense, especially if their actions took place in their own home or on their own property.
Your rights matter. Contact our law firm
Weapons charges in Virginia can have serious consequences. Don’t simply assume you will be found not guilty or have your criminal charges dismissed. In many cases, you need to take action and aggressively defend your legal rights.
Our Norfolk, VA criminal defense attorneys know exactly what to do. We can explain your options, then get right to work building the strongest possible legal case on your behalf. Contact us to learn more about your legal options. Schedule a free case evaluation with one of our experienced Norfolk gun lawyers at Welch & Wright, PLLC.