Goochland County Machine Gun Charge Lawyer — What Are Your Defense Options?
Possession or use of a machine gun in Goochland County is a serious federal and state felony under 18 U.S.C. § 922(o) and Va. Code § 18.2-288, carrying a mandatory minimum of 5 years in prison. Law Offices Of SRIS, P.C. provides aggressive defense for these high-stakes charges. Our team understands the complex interplay between federal and Virginia law that prosecutors use in these cases.
What Constitutes Possession or Use of a Machine Gun Under Virginia Law?
Virginia law strictly prohibits the possession, use, or transfer of a machine gun, defined as any weapon that shoots automatically more than one shot without manual reloading by a single function of the trigger. This includes fully automatic firearms, conversion devices (like auto-sears or Glock switches), and parts designed to convert a semi-automatic weapon into a machine gun. The statute, Va. Code § 18.2-288, makes it a Class 4 felony, punishable by 2 to 10 years in prison and a fine up to $100,000. Federal law under the National Firearms Act (NFA) and 18 U.S.C. § 922(o) imposes even harsher penalties, including a mandatory minimum 5-year federal prison sentence for mere possession.
Last verified: April 2026 | Goochland County Circuit Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-288 (official Virginia General Assembly) – Virginia’s statute on machine guns and sawed-off shotguns.
- United States Courts (.gov) – Information on federal court procedures and jurisdiction.
Defending a Machine Gun Charge in Goochland County
Defending a possession or use of a machine gun charge requires immediate action to challenge the legality of the search, the weapon’s classification, and your intent. In Goochland County, these cases often originate from traffic stops or tips investigated by the Sheriff’s Office and may be adopted by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). A key defense is challenging whether the device in question meets the precise legal definition of a machine gun, which is a technical determination often requiring experienced testimony.
- Secure Immediate Legal Representation: Do not speak to investigators. Invoke your right to an attorney immediately.
- Case Assessment: Your lawyer will obtain all discovery, including police reports, ATF reports, and forensic analysis of the firearm.
- Investigate the Stop/Search: Challenge the constitutionality of the traffic stop, search warrant, or any warrantless search that led to the discovery of the weapon.
- Analyze the Evidence: Retain a firearms experienced to examine the weapon or device to determine if it truly meets the legal definition of a machine gun.
- Negotiate or Litigate: Based on the strength of the evidence and motions, pursue a favorable plea agreement to a lesser charge or prepare for trial.
Potential Penalties for Machine Gun Charges
In Goochland County, possession or use of a machine gun is a Class 4 felony under state law, but federal prosecution is common and carries a mandatory 5-year minimum prison sentence.
| Charge | Classification | Incarceration | Fine | Other Consequences |
|---|---|---|---|---|
| State Charge (Va. Code § 18.2-288) | Class 4 Felony | 2 – 10 years | Up to $100,000 | Forfeiture of weapon, permanent loss of firearm rights. |
| Federal Charge (18 U.S.C. § 922(o)) | Federal Felony | 5 years to life (mandatory min. 5 yrs) | Up to $250,000 | Federal supervised release, permanent felony record. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Federal and State Weapons Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings a combined 120+ years of legal experience to complex criminal defense. Our firm’s founder is a former prosecutor who understands the tactics used by both state and federal authorities. We have a documented record of defending serious felony charges by meticulously challenging evidence and pursuing every legal avenue to protect our clients’ futures.
Case Results in Weapons Charges
Our firm has successfully defended clients facing serious weapons allegations. In one case, we secured the dismissal of a machine gun possession charge after challenging the validity of the traffic stop and the subsequent search. In another, our negotiation resulted in a federal charge being reduced to a non-violent offense with a significantly reduced sentence. Results may vary. Prior results do not aim for a similar outcome.
Contact Our Goochland County Criminal Defense Lawyers
Our Richmond location is strategically positioned to serve clients in Goochland County and the surrounding Central Virginia region. We are accessible via I-64 and Route 6. If you need a machine gun possession lawyer Goochland County or an automatic weapon charge defense lawyer Goochland County, contact us for a confidential case review.
Law Offices Of SRIS, P.C.
By appointment only.
Toll-Free: (888) 437-7747 | Local: (804) 201-9009
24/7 phone consultations — meetings by appointment only.
We serve clients throughout Goochland County and nearby communities.
Frequently Asked Questions (FAQs)
What is the difference between state and federal charges for a machine gun?
It depends. You can be charged under Virginia state law (Va. Code § 18.2-288) or federal law (18 U.S.C. § 922(o)), or both. Federal charges are more common for machine guns and carry much harsher, mandatory minimum sentences. The ATF often works with local police on these cases, skilled to federal prosecution.
Can I go to prison for just possessing a part that converts a gun?
Yes. Under federal law, possession of any part designed and intended solely for converting a weapon into a machine gun is treated the same as possessing the machine gun itself. This includes items like auto-sears, conversion kits, or “Glock switches,” even if not installed.
What are common defenses to a machine gun charge?
Common defenses include challenging the legality of the search (Fourth Amendment violation), arguing the device was not operable or does not meet the technical definition, lack of knowledge or intent (you didn’t know it was a machine gun), and challenging the chain of custody or forensic testing of the evidence.
Should I talk to the police or ATF if they want to ask questions?
No. You have the absolute right to remain silent and the right to an attorney. Politely state you wish to speak with your lawyer and do not answer any questions. Statements you make can be used against you, and investigators may not disclose the full severity of the charges you face.
How quickly should I contact a lawyer after an arrest?
Immediately. The early stages of a case are critical for preserving evidence, filing motions, and beginning negotiations. A lawyer can intervene to protect your rights during questioning and arraignment, and start building your defense strategy from the very first day.
Related Practice Areas: If you are facing other serious charges, our firm also provides defense for federal crimes, Virginia felonies, and drug charges.
Other Locations: We also defend clients in Henrico County and Chesterfield County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.