Use Of A Firearm In Crime Of Violence Lawyer Charles City Virginia — What Are Your Defense Options?
A charge for the use of a firearm in a crime of violence in Charles City, Virginia, is a serious felony under Va. Code § 18.2-53.1, carrying a mandatory minimum sentence of three years. This charge is separate from the underlying crime and can lead to decades of additional prison time. Law Offices Of SRIS, P.C.
Virginia Law on Use of a Firearm in a Crime of Violence
The statute governing the use of a firearm in a crime of violence is Va. Code § 18.2-53.1. This law imposes severe, mandatory penalties for using or attempting to use a firearm while committing or attempting to commit specific violent felonies, such as murder, robbery, carjacking, burglary, malicious wounding, and abduction. The charge is separate and distinct from the underlying felony, meaning you face two separate sets of penalties.
Last verified: April 2026 | Charles City County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, see Va. Code § 18.2-53.1 (official Virginia General Assembly). For local court procedures, visit the Charles City County Circuit Court website.
Defense Strategy for a Charles City Firearm Charge
In Charles City County, these charges are prosecuted aggressively. A key local procedural fact is that the Commonwealth must prove you actively employed the firearm, not merely possessed it. Defense often hinges on challenging the evidence of “use” or disputing the classification of the underlying crime as one of the specified violent felonies. An attorney must scrutinize police reports and witness statements for inconsistencies from the outset.
- Secure Immediate Representation: Do not speak to investigators without an attorney present. Anything you say can be used to establish the elements of both charges.
- Case Analysis: Your lawyer will review all evidence to challenge whether the firearm was actually “used” as defined by law and whether the underlying offense qualifies as a crime of violence.
- Motion Practice: File pre-trial motions to suppress evidence obtained unlawfully or to sever the firearm charge from the underlying charge if it is strategically beneficial.
- Negotiation or Trial: Based on the strength of the evidence, your attorney will either negotiate for a reduction or dismissal of the firearm charge or prepare a vigorous trial defense focusing on the prosecution’s burden of proof.
Penalties for Use of a Firearm in a Crime of Violence
In Charles City, a conviction for use of a firearm in a crime of violence under Va. Code § 18.2-53.1 carries a mandatory minimum prison sentence of three years for a first conviction, with sentences for subsequent convictions ranging from five years to life.
| Offense | Classification | Mandatory Incarceration | Additional Consequences |
|---|---|---|---|
| First Conviction | Separate Felony | 3 years minimum | Sentence runs consecutively to underlying crime; permanent felony record. |
| Second Conviction | Separate Felony | 5 years minimum | All mandatory sentences must be served consecutively. |
| Third or Subsequent Conviction | Separate Felony | Life imprisonment | Subject to discretionary parole conditions. |
Results may vary. Prior results do not aim for a similar outcome.
Legal Experience for Your Firearm Charge Defense
Founded in 1997 by a former prosecutor, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex criminal defense. Our firm-wide track record includes 4,739+ documented case results. We understand the severe implications of a firearm enhancement charge and build defenses that challenge the prosecution’s case at every point.
Case Results in Charles City County
Our firm has achieved favorable outcomes in Charles City courts. For example, we secured a dismissal for a client facing a reckless driving charge in Charles City General District Court. While results vary, our team, including experienced attorneys like Kristen M. Fisher, a former Maryland Assistant State’s Attorney, focuses on detailed case analysis and assertive representation.
Results may vary. Prior results do not aim for a similar outcome.
Use Of A Firearm In Crime Of Violence Lawyer Near Charles City Virginia
Our Richmond location is a strategic base for serving clients in Charles City County. We offer 24/7 phone consultations for immediate legal help.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (888)-437-7747 | Local: (804) 201-9009
By appointment only.
We provide legal consultation to individuals in Charles City and surrounding communities. Meetings are available by appointment at our Richmond location.
FAQs: Use of a Firearm Charges in Virginia
Is the firearm charge added even if no one was hurt?
Yes. The charge under Va. Code § 18.2-53.1 applies if a firearm is used during the commission of a listed violent felony, regardless of whether the gun was fired or anyone was injured. The mere use or attempted use is sufficient.
Can the mandatory sentence run at the same time as the sentence for the other crime?
No. Virginia law requires that the mandatory minimum sentence for the use of a firearm charge be served consecutively. This means it is added on to the sentence you receive for the underlying violent crime, significantly increasing total prison time.
What is the legal definition of “use” of a firearm?
The courts have interpreted “use” to mean actively employing the firearm. This can include displaying it to intimidate, pointing it, striking someone with it, or firing it. Mere possession without some active employment may not meet the statutory definition, which is a key area for defense.
If the underlying felony charge is reduced, what happens to the firearm charge?
It depends. If the underlying charge is reduced to a misdemeanor or a felony not listed in § 18.2-53.1, the firearm enhancement charge may be dismissed or also reduced. A skilled attorney negotiates the entire case package, aiming to resolve both charges favorably.
How quickly should I contact a lawyer for this charge?
Immediately. Early intervention by an attorney is critical. Your lawyer can advise you during questioning, work to secure your release, and begin investigating the facts to challenge the charges before the prosecution’s case is solidified.
Last verified: April 2026. Laws and procedures change. For the most current guidance on a use of a firearm in a crime of violence charge in Charles City, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
The same rules apply outside Charles City County, and our page on use of a firearm in crime of violence charges across Virginia walks through each stage.