Accomack VA Use Of A Firearm In Commission Of A Felony Lawyer — What Are Your Defense Options?
The use of a firearm in commission of a felony in Accomack County is a separate, severe charge under Va. Code § 18.2-53.1 that adds a mandatory minimum prison sentence to the underlying felony. This charge can turn a serious case into a potentially life-altering one.
Virginia Law on Use of a Firearm in Commission of a Felony
The statute Va. Code § 18.2-53.1 makes it a separate felony to use or attempt to use a firearm while committing or attempting to commit specific violent felonies like murder, rape, robbery, carjacking, burglary, malicious wounding, or abduction. The charge is not about mere possession; it requires active employment of the firearm to facilitate the crime. Conviction carries a mandatory minimum sentence of three years for a first conviction and five years for subsequent convictions, which must run consecutively to any sentence for the underlying felony. This means the penalties stack, significantly increasing total prison time.
Last verified: April 2026 | Accomack County General District Court | Virginia General Assembly
Official Legal Resources
For the exact language of the law, refer to the Va. Code § 18.2-53.1 (official Virginia General Assembly website). For local court procedures and forms, visit the Accomack County Circuit Court information page on the Virginia Courts website.
Local Defense Strategy in Accomack County
In Accomack County, these charges are prosecuted aggressively. A strong defense requires challenging both the underlying felony and the specific “use” of the firearm. Prosecutors must prove you actively employed the gun, not just had it on you. An experienced firearms defense lawyer will scrutinize the evidence for weaknesses in identification, intent, or the connection between the firearm and the alleged felony act. The procedural path is critical.
- Initial Arrest & Bond Hearing: You will be held without bond or given a high secured bond. An attorney can argue for bond conditions at a hearing in the Accomack General District Court.
- Preliminary Hearing: For felony charges, a hearing is held in General District Court to determine if there is probable cause. Your gun charges lawyer can cross-examine witnesses and lock in testimony.
- Circuit Court Arraignment: If certified, the case moves to Accomack County Circuit Court for formal arraignment, where you enter a plea.
- Pre-Trial Motions & Negotiation: Your attorney files motions to challenge evidence and engages in negotiations with the Commonwealth’s Attorney to seek reduction or dismissal of the firearm charge.
- Trial or Plea: If no agreement is reached, the case proceeds to a jury trial in Circuit Court, where the prosecution must prove every element beyond a reasonable doubt.
- Sentencing: If convicted, the court must impose the mandatory minimum sentence for the firearm charge consecutive to the sentence for the underlying felony.
Potential Penalties for Firearm Use in a Felony
In Accomack, a conviction for use of a firearm in commission of a felony under § 18.2-53.1 carries a mandatory prison sentence of 3 to 5 years for a first offense, which must be served after the sentence for the underlying felony.
| Offense | Classification | Mandatory Incarceration | Fine | Consecutive Sentence |
|---|---|---|---|---|
| Use of Firearm in Felony (1st Conviction) | Separate Class 6 Felony* | 3 years minimum | Up to $2,500 | Yes |
| Use of Firearm in Felony (2nd+ Conviction) | Separate Class 6 Felony* | 5 years minimum | Up to $2,500 | Yes |
*The underlying felony (e.g., robbery, malicious wounding) carries its own, separate classification and penalty.
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Firearms Charge Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our “Advocacy Without Borders” approach means we build defenses that challenge the prosecution’s case at every point. We understand the severe implications of an Accomack VA Use Of A Firearm In Commission Of A Felony charge and work to protect your future.
Case Results & Client Advocacy
Our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. While results are always case-specific, this history demonstrates our commitment to vigorous defense. In complex felony cases involving weapons, our attorneys, including Mr. Sris who brings former prosecutorial experience and a founder’s strategic oversight, work to secure reductions, dismissals of the firearm charge, or favorable plea agreements to avoid mandatory minimums.
Results may vary. Prior results do not aim for a similar outcome.
Accomack County Firearms Defense Lawyer Near You
Our Richmond location serves clients in Accomack County and the surrounding Eastern Shore region. We are accessible for case review and strategy sessions.
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
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What does “use of a firearm” mean under Virginia law?
It means actively employing the firearm—such as displaying, pointing, or threatening with it—to further the felony. Mere possession in a pocket during a crime may not meet this standard, which is a key point for a weapon offense defense.
Can the mandatory 3-year sentence be reduced or suspended?
No. For a conviction under Va. Code § 18.2-53.1, the mandatory minimum prison term cannot be suspended or reduced by the judge. It must be served consecutively, making early defense intervention by a skilled weapons attorney critical to challenge the charge itself.
What is the difference between this charge and “brandishing” a firearm?
Brandishing (Va. Code § 18.2-282) is generally a misdemeanor involving displaying a gun in a threatening manner. “Use of a firearm in commission of a felony” is a separate felony that requires committing an underlying violent felony. The penalties are far more severe.
If the underlying felony charge is dropped, what happens to the firearm charge?
The firearm charge under § 18.2-53.1 is dependent on the commission of a predicate felony. If the underlying felony is dismissed or results in an acquittal, the firearm charge typically cannot stand and must also be dismissed.
Why do I need a specific gun charges lawyer for this?
These charges involve complex legal standards, mandatory penalties, and intricate evidence issues. A specialized firearms defense lawyer understands how to attack the prosecution’s theory of “use” and negotiate around mandatory minimums, which is essential for any hope of a favorable outcome.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding an Accomack VA Use Of A Firearm In Commission Of A Felony charge.
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