Albemarle 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 Albemarle County is a separate, severe charge under Va. Code § 18.2-53.1, adding a mandatory minimum 3-year prison sentence consecutive to the underlying felony. Law Offices Of SRIS, P.C. provides defense for this serious weapons offense.
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 felonies like murder, robbery, carjacking, burglary, or abduction. This charge is also to the underlying felony, not a substitute. A conviction carries a mandatory minimum sentence of three years of imprisonment, which must run consecutively (back-to-back) with any sentence for the principal felony. The law applies even if the firearm is not fired, as brandishing or displaying it to intimidate can constitute “use.”
Last verified: April 2026 | Albemarle 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 Albemarle County General District Court website.
Local Defense Strategy for Albemarle County
In Albemarle County, these charges are prosecuted aggressively by the Commonwealth’s Attorney. A key defense strategy often involves challenging whether the accused actually “used” the firearm as defined by law, or disputing the evidence linking the individual to the firearm at the time of the alleged felony. The underlying felony charge must also be defended vigorously, as its dismissal can lead to the firearm charge being dropped.
- Initial Consultation & Case Assessment: Immediately after arrest or charge, consult with a gun charges lawyer to analyze the specifics of the firearm allegation and the underlying felony.
- Bond Hearing: Argue for reasonable bond conditions in Albemarle County General District Court, as these serious charges often lead to high secured bonds.
- Preliminary Hearing (if applicable): If the underlying felony is a felony, a hearing in General District Court will determine if there is probable cause to certify the charges to Circuit Court. This is a key stage to challenge evidence.
- Circuit Court Arraignment: If certified, you will be formally arraigned in Albemarle County Circuit Court, where you enter a plea.
- Pre-Trial Motions & Negotiation: Your weapon offense defense attorney will file motions to suppress evidence and engage in negotiations with the Commonwealth’s Attorney, aiming to reduce or dismiss charges where possible.
- Trial or Resolution: Proceed to a jury trial in Circuit Court or work toward a negotiated plea agreement that minimizes the total incarceration time.
Potential Penalties for Firearm Use in a Felony
In Albemarle County, a conviction for use of a firearm in commission of a felony under § 18.2-53.1 carries a mandatory minimum 3-year prison sentence, which must be served consecutively to the sentence for the underlying felony.
| Offense | Classification | Mandatory Incarceration | Fine | Consecutive Sentence |
|---|---|---|---|---|
| Use of Firearm in Commission of Felony | Separate Class 6 Felony* | 3-year mandatory minimum | Court discretion | Yes, must run consecutively |
*The classification is a separate felony, but the penalty is prescribed specifically by § 18.2-53.1.
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Albemarle Firearms Charge?
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex criminal defense. Our team includes former prosecutors and a former Virginia State Trooper, providing unique insight into how the Commonwealth builds its cases. We understand the severe implications of firearm enhancement charges and work to construct a defense that addresses both the weapons allegation and the underlying felony from the outset.
Case Results & Client Advocacy
Our firm has documented results in Albemarle County, including favorable outcomes in serious traffic and criminal matters. For instance, we have successfully amended charges like “Drive Suspended” to non-criminal dispositions in Albemarle County General District Court. While every case is unique, our approach focuses on meticulous case analysis and assertive advocacy.
Results may vary. Prior results do not aim for a similar outcome.
Albemarle VA Use Of A Firearm In Commission Of A Felony Lawyer Near Me
Our Richmond location serves clients facing charges at the Albemarle County courts in Charlottesville. We are accessible via I-64 and Route 29. We serve the Charlottesville area, Crozet, Earlysville, Ivy, and North Garden.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009 | Local: (703) 278-0467
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Frequently Asked Questions
What does “use of a firearm” mean under Virginia law?
It depends. Under Va. Code § 18.2-53.1, “use” includes brandishing, displaying, or threatening with a firearm during a felony. You do not need to fire the weapon. The prosecution must prove you had a firearm and employed it to further the felony, such as through intimidation.
Is the 3-year sentence for a firearm charge mandatory?
Yes. A conviction under § 18.2-53.1 carries a mandatory minimum sentence of three years in prison. Judges have no discretion to suspend or reduce this minimum term. This sentence must be served consecutively to any sentence for the underlying felony.
Can I be charged if the gun wasn’t mine?
Yes. Ownership of the firearm is not required for a conviction. The charge applies if you used any firearm during the felony. A common defense involves challenging whether you actually possessed or controlled the weapon at the time, which a skilled firearms defense lawyer can investigate.
What is the difference between GDC and Circuit Court for this charge?
Initial appearances and bond hearings occur in Albemarle County General District Court (GDC). However, because this is a felony charge, any trial will be held in Albemarle County Circuit Court, where you have the right to a jury. The GDC may hold a preliminary hearing to determine probable cause.
What are common defenses to a § 18.2-53.1 charge?
Defenses include: (1) challenging the evidence you used a firearm; (2) arguing mistaken identity; (3) moving to suppress the firearm due to an illegal search; (4) defending against the underlying felony charge; or (5) negotiating a plea to a lesser offense that does not carry the mandatory minimum.
Related Legal Services in Albemarle County
If you are facing other serious charges, our firm also provides representation for DUI/DWI in Albemarle County and criminal defense in Henrico County. For a full overview of our criminal practice, visit our Virginia criminal defense hub page.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.