Augusta County Use Of A Firearm In Crime Of Violence Lawyer — What Are Your Defense Options?
A charge for the use of a firearm in a crime of violence in Augusta County is a severe felony under Virginia law, carrying mandatory minimum prison sentences. Law Offices Of SRIS, P.C. provides immediate legal help for these complex cases. Our attorneys understand the high stakes in Augusta County General District and Circuit Courts.
Last verified: April 2026 | Augusta County General District Court | Virginia General Assembly
Virginia Law on Use Of A Firearm In Crime Of Violence
The use of a firearm in a crime of violence is codified under Va. Code § 18.2-53.1. This statute imposes a mandatory, consecutive prison sentence for any person who uses or attempts to use a firearm while committing or attempting to commit specific violent felonies, such as murder, robbery, carjacking, burglary, malicious wounding, abduction, or sexual assault. The law is strict and applies even if the firearm is not fired. A conviction for this charge adds a mandatory minimum of three years for a first conviction and five years for a second or subsequent conviction to any sentence received for the underlying felony. These sentences must run consecutively, meaning they are added on top of the penalty for the primary crime.
Legal Resources and Court Information
Understanding the specific statutes and the local court procedures is critical. The official Virginia code is available through the Virginia Legislative Information System. For Augusta County, all initial proceedings for felony charges, including the use of a firearm in a crime of violence, begin at the Augusta County General District Court for a preliminary hearing. If the case is certified to the grand jury, it will proceed in the Augusta County Circuit Court for trial.
Augusta County Court Process for Firearm Charges
In Augusta County, a charge for use of a firearm in a crime of violence initiates a multi-stage process. The Commonwealth’s Attorney vigorously prosecutes these cases due to the mandatory penalties. The key local procedural fact is that these charges are not eligible for plea agreements that waive the mandatory minimum sentence without specific, rare judicial approval under Virginia law. The court at 6 East Johnson Street, 2nd Floor, Staunton, handles the initial stages.
- Arrest and Initial Appearance: You will be taken before a magistrate for a bond hearing. Given the severity, securing a bond can be difficult.
- Preliminary Hearing: Your case will be heard in Augusta County General District Court. The prosecution must show probable cause for the underlying felony and the firearm allegation.
- Grand Jury Indictment: If probable cause is found, the case is sent to a grand jury in Augusta County Circuit Court for indictment.
- Circuit Court Arraignment: You will be formally arraigned on the indictment in Circuit Court and enter a plea.
- Pre-Trial Motions and Discovery: Your attorney will file motions to suppress evidence and challenge the charges while reviewing all discovery from the prosecution.
- Trial or Resolution: The case will proceed to a jury trial or, if possible, be resolved through negotiations that must account for the mandatory minimums.
Potential Penalties for Use Of A Firearm In Crime Of Violence
In Augusta County, a conviction for use of a firearm in a crime of violence adds a mandatory minimum prison term of 3 to 5 years, consecutive to the sentence for the underlying violent felony.
| Offense | Classification | Mandatory Incarceration | Fine | Consecutive Sentence |
|---|---|---|---|---|
| First Conviction (§ 18.2-53.1) | Separate Felony | 3 years minimum | Up to court discretion | Yes, must run consecutively |
| Second/Subsequent Conviction | Separate Felony | 5 years minimum | Up to court discretion | Yes, must run consecutively |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Complex Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to every case. We have a documented record of handling serious felony charges. Our approach in cases involving the use of a firearm in a crime of violence is to meticulously attack the prosecution’s case on two fronts: the evidence supporting the underlying violent crime and the specific evidence proving the “use” of the firearm as defined by law.
Seeking Legal Help in Augusta County
If you are facing a charge for the use of a firearm in a crime of violence, immediate action is required. The consequences of a conviction are severe and long-lasting. Our team, including former prosecutor Kristen Fisher, is prepared to provide the aggressive defense you need. We offer 24/7 phone consultations to begin discussing your case.
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location — 505 N Main St, Suite 103, Woodstock, VA 22664
Toll-Free: (888) 437-7747 | Local: (540) 535-2015
By appointment only.
Our Shenandoah/Woodstock location serves clients at the Augusta County courts. We are a use of a firearm in crime of violence lawyer near Staunton and the surrounding communities of Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville. Contact us for a legal consultation.
Frequently Asked Questions
What does “use of a firearm” mean under Virginia law?
It depends. Va. Code § 18.2-53.1 defines “use” broadly. It can include displaying the firearm in a threatening manner, brandishing it, or having it readily accessible during the commission of a predicate felony. The firearm does not need to be fired. The prosecution must prove you employed the firearm to facilitate the crime.
Are there any defenses to a use of a firearm charge?
Yes. Common defenses include challenging the evidence that you committed the underlying violent crime, arguing that the object was not a “firearm” as defined by law, or contesting that you did not “use” it in connection with the crime. An attorney can also file motions to suppress illegally obtained evidence.
Can the mandatory sentence be reduced or suspended?
No. The mandatory minimum sentences under § 18.2-53.1 cannot be suspended by the court in whole or in part. They must be served consecutively to any other sentence. This makes securing a favorable outcome at the pre-trial or trial stage critically important.
What happens at a preliminary hearing for this charge?
In Augusta County General District Court, the prosecutor must show probable cause for both the underlying felony and the firearm allegation. Your attorney can cross-examine witnesses and argue that the evidence is insufficient to certify the charges to the grand jury, potentially getting the firearm enhancement dropped early.
Why do I need a lawyer for this charge?
You need legal help because the penalties are severe and mandatory. A conviction will add years to your incarceration. An experienced attorney understands how to challenge the Commonwealth’s evidence, negotiate with prosecutors, and protect your rights at every stage in Augusta County Circuit and General District Courts.
Related Legal Information
If you need a Virginia criminal defense lawyer, visit our state hub. For representation in nearby areas, see our pages for a Shenandoah County criminal defense lawyer or a Rockingham County criminal defense lawyer. In Augusta County, we also assist with DUI defense and reckless driving cases.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Augusta County cases follow the same route as the rest of the state, and our page on use of a firearm in crime of violence cases in Virginia explains each stage.