Accomack VA Carrying A Concealed Weapon Lawyer — What Are Your Defense Options?
Carrying a concealed weapon in Accomack County is a serious offense under Virginia law, classified as a Class 1 misdemeanor under Va. Code § 18.2-308. A conviction can result in jail time, fines, and loss of firearm rights. If you are charged, contact an Accomack VA Carrying A Concealed Weapon Lawyer from the Law Offices Of SRIS, P.C. immediately.
Virginia Law on Concealed Weapons
Virginia law strictly regulates the carrying of concealed weapons. The primary statute, Va. Code § 18.2-308, makes it illegal to carry about your person any hidden weapon, including handguns, dirks, bowie knives, switchblade knives, ballistic knives, machetes, razors, or any weapon of like kind. A valid permit is a defense to carrying a concealed handgun, but not for other prohibited weapons. The law is complex, and charges often hinge on whether the weapon was “hidden from common observation.”
Last verified: April 2026 | Accomack County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the Virginia statute on concealed weapons, refer to the official Va. Code § 18.2-308 on the Virginia Legislative Information System. For local court procedures and forms, visit the Virginia Courts website for the 2nd Judicial Circuit, which includes Accomack County.
Local Court Process for Weapon Charges in Accomack
Weapon charges in Accomack are typically heard in the Accomack County General District Court. Prosecutors in this jurisdiction take firearm offenses seriously. A key local procedural fact is that the court often scrutinizes the circumstances of the stop and search that led to the discovery of the weapon. An experienced firearms defense lawyer can challenge the legality of the police encounter, which is a common path to getting evidence suppressed.
- You will be served with a warrant or summons specifying the charge under Va. Code § 18.2-308.
- Your first appearance will be an arraignment in Accomack County General District Court, where you enter a plea.
- Your attorney will file pre-trial motions, often focusing on Fourth Amendment search and seizure violations.
- Negotiations with the Commonwealth’s Attorney may occur to seek a reduction or dismissal.
- If no plea agreement is reached, your case will proceed to a bench trial before a judge.
- If convicted, you have the right to appeal for a new trial in the Accomack County Circuit Court.
Potential Penalties for a Concealed Weapon Conviction
In Accomack, carrying a concealed weapon is a Class 1 misdemeanor, carrying a penalty of up to 12 months in jail and a fine of up to $2,500, plus a mandatory minimum $100 fine for a firearm.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying Concealed Weapon (First Offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Loss of Concealed Handgun Permit; Potential loss of firearm rights. | Permanent criminal record; Difficulty securing employment, housing, and professional licenses. |
| Carrying Concealed Weapon (Subsequent Offense) | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | Loss of all firearm rights. | Felony record; Loss of voting rights; Ineligibility for many public benefits. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Firearms Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings decades of combined legal experience to every case. Our firm’s founder is a former prosecutor who understands how the Commonwealth builds its cases. This insight is critical for constructing an effective defense strategy for weapon charges. Our team includes attorneys like Mr. Sris, who has extensive experience in criminal defense across multiple states. We focus on the specific facts of your case to protect your rights and future.
Case Results for Weapon Charges
The Law Offices Of SRIS, P.C. has a documented history of achieving favorable outcomes for clients facing serious charges. Our approach involves a meticulous review of police reports, witness statements, and the circumstances of the arrest. We look for violations of your constitutional rights, flaws in the prosecution’s evidence, and opportunities for mitigation. Every case is unique, and we dedicate our resources to seeking the best possible resolution, whether through dismissal, reduction of charges, or acquittal at trial.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Accomack Weapon Offense Defense Team
If you are facing a concealed weapon charge in Accomack County, time is critical. Our Accomack VA Carrying A Concealed Weapon Lawyer is ready to defend you. Our location is by appointment only, and we serve clients throughout the Eastern Shore. We are accessible via Route 13 and are a trusted weapon offense defense firm for communities near Chincoteague, Onancock, and Parksley.
For a gun charges lawyer who will fight for you, call us 24/7. Consultations are available by phone at any time.
Law Offices Of SRIS, P.C.
By appointment only.
24/7 Phone Consultations: (888) 437-7747
Frequently Asked Questions
What is considered a concealed weapon in Virginia?
Yes. Any weapon, including a handgun, knife, or other instrument designed to inflict bodily injury, is considered concealed if it is hidden from common observation. This means if it is not visible to the ordinary person, it is likely concealed under Va. Code § 18.2-308, even if partially covered by clothing or inside a bag.
Can I get a concealed weapon charge dismissed in Accomack?
It depends. Dismissal is possible if your attorney can prove the police lacked probable cause for the stop or search, if the weapon was not actually concealed, or if you had a valid permit for a handgun. A skilled firearms defense lawyer will examine all evidence for constitutional violations or factual weaknesses in the prosecution’s case.
What is the difference between a misdemeanor and felony concealed weapon charge?
A first-time offense for carrying a concealed weapon is typically a Class 1 misdemeanor. However, a second or subsequent conviction, or carrying a concealed weapon while also possessing drugs, can be charged as a Class 6 felony. Felony charges carry much harsher penalties, including prison time and the permanent loss of firearm rights.
Do I need a lawyer for a first-time concealed weapon charge?
Yes. Even a first-time misdemeanor charge carries a potential jail sentence and creates a permanent criminal record that can affect employment, housing, and your right to own firearms. A weapons attorney can work to have charges reduced or dismissed, potentially avoiding these severe long-term consequences.
How long does a concealed weapon case take in Accomack County?
The timeline varies. A simple case resolved by a plea may conclude in a few months. If your attorney files motions to suppress evidence or the case goes to trial, it can take six months to a year or more, especially if appealed to Circuit Court. Your lawyer can give a more specific estimate after reviewing your case.
Last verified: April 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.