A charge for the Use Of A Firearm In Crime Of Violence in Northampton, Virginia, is a serious felony under federal law (18 U.S.C. § 924(c)) and Virginia state statutes, carrying severe mandatory minimum sentences. Law Offices Of SRIS, P.C. provides immediate legal help for these complex charges.
Understanding Use Of A Firearm In Crime Of Violence Charges
The term “Use Of A Firearm In Crime Of Violence” refers to the federal and state offense of employing, carrying, or possessing a firearm in connection with a separate crime of violence. In Virginia, this is often prosecuted under state laws that enhance penalties for using a firearm during the commission of felonies like robbery, assault, or drug trafficking. The federal statute, 18 U.S.C. § 924(c), imposes severe mandatory minimum prison sentences that must run consecutively to any sentence for the underlying crime. This means a conviction can add 5, 7, 10, or even 30 years to life in prison, depending on the firearm’s specific use and type.
Last verified: April 2026 | Northampton County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the federal statute, see 18 U.S.C. § 924 (Cornell Legal Information Institute). For Virginia state firearm enhancement laws, refer to the Virginia Code § 18.2-53.1. The local court handling initial proceedings is the Northampton County General District Court.
Local Defense Strategy for Northampton County
Defending a Use Of A Firearm In Crime Of Violence charge in Northampton requires a multi-faceted approach. The prosecution must prove both the underlying crime of violence and the specific connection to the firearm. A strong defense often involves challenging the legality of the search that discovered the firearm, contesting whether the underlying crime qualifies as a “crime of violence,” or arguing that the firearm was not used in furtherance of the crime. In federal court, the strategies become even more complex, involving motions to suppress evidence and detailed sentencing guideline arguments.
- Secure Immediate Representation: Do not speak to investigators without an attorney present. Your words can be used to establish the connection between the firearm and the alleged crime.
- Case Analysis: Your attorney will review all evidence, including police reports, witness statements, and forensic reports, to identify weaknesses in the prosecution’s case.
- Motion Practice: File pre-trial motions to suppress illegally obtained evidence or to challenge the classification of the underlying offense as a “crime of violence.”
- Strategy Development: Based on the evidence and motion outcomes, your lawyer will advise on whether to pursue trial or negotiate a plea agreement that may reduce exposure.
- Sentencing Mitigation: If a conviction occurs, your attorney will advocate for the lowest possible sentence, presenting mitigating factors to the court.
Potential Penalties for Firearm Use Charges
In Northampton, a conviction for Use Of A Firearm In Crime Of Violence under federal law carries severe mandatory prison time that must be served consecutively to any other sentence.
| Offense | Classification | Mandatory Minimum Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| 18 U.S.C. § 924(c) – First Offense | Federal Felony | 5 years to Life* | Up to $250,000 | Sentence runs consecutively; permanent felony record; loss of firearm rights. |
| § 924(c) – Brandishing Firearm | Federal Felony | 7 years to Life* | Up to $250,000 | Enhanced mandatory minimum. |
| § 924(c) – Discharging Firearm | Federal Felony | 10 years to Life* | Up to $250,000 | Enhanced mandatory minimum. |
| Va. Code § 18.2-53.1 (State Charge) | Class 6 Felony (Separate) | 3-5 years (mandatory min.)** | Up to $2,500 | Sentence runs consecutively to underlying felony. |
Results may vary. Prior results do not aim for a similar outcome.
*Federal mandatory minimums are severe and increase for subsequent offenses or if the firearm is a machinegun or destructive device.
**Virginia’s mandatory minimum is typically 3 years for a first conviction and 5 years for subsequent convictions.
Why Choose Our Firm 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 your defense. Our firm-wide track record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. We understand the high stakes of a Use Of A Firearm In Crime Of Violence charge and provide aggressive, strategic representation from the initial investigation through trial or sentencing.
Case Results and Client Advocacy
Our firm has a documented history of achieving favorable results in complex criminal cases. While every case is unique, our strategic approach focuses on challenging the prosecution’s evidence and protecting our clients’ rights at every stage. For federal firearm charges, attorney Matthew Greene, with over 30 years of experience including former death penalty certification, provides critical support. His deep understanding of federal procedure and sentencing guidelines is an asset in building a defense against severe mandatory minimums.
Results may vary. Prior results do not aim for a similar outcome.
Legal Help for Northampton County Residents
Our Richmond location serves Northampton County and surrounding communities. We are positioned to provide strong defense for charges originating in Northampton, whether they proceed in state or federal court.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
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Frequently Asked Questions (Use Of A Firearm In Crime Of Violence)
Is “Use Of A Firearm In Crime Of Violence” a state or federal charge?
It can be both. Virginia has its own statutes (e.g., Va. Code § 18.2-53.1) that add mandatory time for using a firearm during a felony. The federal government also prosecutes this under 18 U.S.C. § 924(c), often in cases involving drug trafficking, robbery, or other federal crimes of violence.
What is the mandatory minimum sentence for a federal § 924(c) charge?
Five years for a first offense, which must be served consecutively to the sentence for the underlying crime. The minimum increases to 7 years if the firearm is brandished and 10 years if it is discharged. Sentences can be much longer based on the firearm type and criminal history.
Can I get a plea deal on a firearm use charge?
It depends. While federal mandatory minimums are difficult to avoid, an experienced attorney can sometimes negotiate a plea agreement where the government drops the § 924(c) count in exchange for a guilty plea to other charges, or agrees to recommend a sentence at the low end of the guidelines.
What defines a “crime of violence” under federal law?
The definition is complex and legal. Generally, it is a felony that involves a substantial risk that physical force may be used. This includes offenses like robbery, carjacking, and certain assault and burglary statutes. Defense attorneys often challenge whether the underlying offense meets this legal definition.
Why do I need a specific lawyer for this charge?
These charges are among the most severe in the criminal code. A Use Of A Firearm In Crime Of Violence lawyer must have specific knowledge of federal sentencing guidelines, mandatory minimums, and complex motion practice. General criminal defense experience may not be sufficient to handle the high stakes effectively.
Last verified: April 2026. Laws and procedures change. For the most current legal advice regarding a Use Of A Firearm In Crime Of Violence charge in Northampton, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Northampton 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.