Lexington VA Concealed Weapon Lawyer — What Are Your Defense Options?
Carrying a concealed weapon in Lexington, Virginia, without a valid permit is a Class 1 misdemeanor under Va. Code § 18.2-308, punishable by up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. has documented case results in Lexington.
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 firearms, dirks, bowie knives, switchblade knives, ballistic knives, machetes, razors, or slingshots. A valid concealed handgun permit is a defense to carrying a concealed firearm. However, certain locations, like schools and courthouses, remain off-limits even with a permit. The law also prohibits possession by convicted felons and other prohibited persons.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, refer to the official Virginia Code § 18.2-308. Court procedures and forms can be found on the Virginia Courts website.
Defending a Concealed Weapon Charge in Lexington
In Lexington General District Court, prosecutors must prove you knowingly and intentionally carried a hidden weapon. A common defense involves challenging the stop or search that led to the discovery. If law enforcement lacked reasonable suspicion or probable cause, the evidence may be suppressed. Another defense examines whether the item qualifies as a weapon under the statute and if it was truly concealed. For those eligible, pursuing a concealed handgun permit post-arrest can be part of a strategic resolution.
- Initial Consultation: Contact a Lexington VA concealed weapon lawyer immediately after arrest or receiving a summons.
- Case Review: Your attorney will obtain police reports, witness statements, and any video evidence to assess the strength of the prosecution’s case.
- Motion Filing: If the search was unlawful, your lawyer may file a motion to suppress the weapon, which could lead to dismissal.
- Negotiation or Trial: Based on the evidence, your attorney will negotiate for a reduction or dismissal, or prepare for a bench trial in Lexington General District Court.
Potential Penalties for Weapon Offenses
In Lexington, carrying a concealed weapon is a Class 1 misdemeanor with penalties of up to 12 months in jail and a $2,500 fine; subsequent offenses or certain aggravating factors can elevate the charge to a felony.
| 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 right to possess firearm | Permanent criminal record |
| Carrying Concealed Weapon (Subsequent) | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | Loss of firearm rights | Felony record, loss of voting rights |
| Possession of Firearm by Convicted Felon | Class 6 Felony | 1-5 years (mandatory min. may apply) | Up to $2,500 | N/A | Federal prosecution possible |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Weapons Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our team includes former prosecutors and a former Virginia State Trooper, providing a combined 120+ years of legal experience. We have handled thousands of criminal cases, developing a focused approach to weapons charges. Our firearms defense lawyer, Bryan Block, uses his 15 years of law enforcement experience to scrutinize police procedures and evidence handling in every case.
Case Results
Our firm has a documented record of favorable outcomes in criminal cases. In Lexington and surrounding jurisdictions, our strategic defense has led to dismissals, reductions, and acquittals. For example, our gun charges lawyer, Mr. Sris, has successfully argued suppression motions that resulted in evidence being excluded and charges dropped. Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Lexington Residents
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) 636-5417
By appointment only.
Our Richmond location serves clients at the Lexington courts. We are a weapons attorney near Lexington, accessible via I-64 and I-81. We provide 24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve the Lexington community, including areas near Virginia Military Institute and Washington and Lee University.
FAQs: Lexington Concealed Weapon Charges
What is the penalty for carrying a concealed weapon in Lexington, VA?
It is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. A second offense is a Class 6 felony.
Can I get a concealed weapon charge expunged in Virginia?
It depends. If the charge is dismissed, you are found not guilty, or the prosecution enters a nolle prosequi, you may petition for expungement under Va. Code § 19.2-392.2. A conviction for carrying a concealed weapon generally cannot be expunged.
Do I need a lawyer for a concealed weapon charge?
Yes. The potential jail time, fine, and permanent criminal record require a strong defense. A lawyer can challenge the stop, search, and the prosecution’s evidence to seek dismissal or reduction.
What’s the difference between a misdemeanor and felony weapon charge?
A first-time concealed carry offense is typically a misdemeanor. It becomes a felony if it is a second offense, involves a firearm by a convicted felon, or occurs in a prohibited place like a school. Felonies carry prison time of one year or more.
What defenses are available against weapon charges?
Common defenses include challenging the legality of the police stop or search, arguing the item was not a “weapon” as defined by law, proving you had a valid permit, or showing lack of knowledge that the weapon was concealed.
Related Legal Help in Lexington
If you are facing other charges, our firm provides full representation. We are also a skilled DUI defense lawyer in Lexington. For broader Virginia defense, see our Virginia criminal defense hub. We also assist clients in nearby areas like Henrico County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.