Virginia Beach, VA Weapons Offenses Lawyer

Knowledgeable Attorney for Firearm and Weapons Charges in Virginia Beach

In many cases, Virginia prosecutes weapon crimes as felony offenses. A conviction of a weapon crime—even as a first offense—could mean years in prison and the loss of your right to own a firearm. Keeping those consequences in mind, if you have been accused of a criminal offense involving a weapon, be sure to reach out to a Virginia Beach weapons offenses attorney.

Attorney Vincent Castellano of Castellano Law Firm PLLC has the skills and experience to handle serious allegations involving firearms or dangerous weapons. Our firm is available 24 hours a day, 7 days a week, so you can reach us at any time to discuss your case and how we can help.

Common Weapon Crimes in Virginia

Virginia law addresses a range of conduct involving weapons, and some of the most serious charges arise when a weapon is present during the commission of another offense. Using or displaying a firearm during certain felonies, including robbery, carjacking, rape, and murder, carries a mandatory minimum prison sentence that runs consecutively to the sentence for the underlying offense. That means the weapon enhancement adds time on top of whatever sentence the primary charge carries, and it cannot be suspended.

Malicious wounding is another serious weapons-related charge, though it is not limited to firearms. The offense applies when a person intentionally cuts, shoots, stabs, or otherwise injures another person with the intent to disfigure, maim, disable, or kill. A conviction of this crime is a Class 3 felony carrying five to 20 years in prison.

When the same conduct occurs but the element of malicious intent cannot be proven, the charge may be reduced to unlawful wounding, which is a Class 6 felony. The distinction between the two often comes down to what the evidence shows about the accused person's state of mind at the time of the incident.

Facing Charges for Unlawful Possession of a Firearm in Virginia Beach?

Virginia law prohibits certain categories of people from possessing firearms, and the consequences of unlawful possession can be severe. People with prior felony convictions are prohibited from owning or possessing a firearm under both state and federal law. Those convicted of certain domestic violence offenses, including misdemeanor assault and battery against a family or household member, also lose their right to possess firearms.

A person subject to a protective order may be prohibited from possessing firearms for the duration of that order. Certain drug offenses can also affect firearm rights for multiple convictions in a three-year period. People who have been involuntarily committed for mental health treatment face restrictions as well.

Unlawful possession of a firearm by a convicted felon is a felony in Virginia, carrying a potential sentence of one to five years in prison. Federal charges can accompany state charges in some cases, which can significantly increase the overall exposure a person faces.

Challenging Possession and Intent in Weapon Crime Cases

Not every weapons charge is as straightforward as it initially appears. Possession cases often turn on whether the accused actually knew a weapon was present and whether they had control over it. When a firearm is found in a shared space, like a car with multiple passengers, or a home where several people live, the question of who possessed the weapon is a legitimate issue that the prosecution must address.

Intent is also a meaningful point of challenge in charges like malicious wounding. The prosecution must prove that the accused acted with a specific intent to maim, disfigure, disable, or kill. Evidence of the circumstances surrounding the incident, the relationship between the parties, and what led to the confrontation can all be reviewed in court.

Meet With a Virginia Beach Weapons Offenses Defense Attorney

A weapons charge can carry mandatory prison time and lasting consequences that can follow you for years. Contact our Virginia Beach, VA weapons offenses defense lawyer or call 757-724-0073 today to schedule a free consultation with Castellano Law Firm PLLC.