Use Of A Firearm In Commission Of A Felony Lawyer in Virginia — Mandatory Prison Time
The Use Of A Firearm In Commission Of A Felony in Virginia is a separate, serious felony charge under Va. Code § 18.2-53.1 that carries a mandatory minimum prison sentence of three years for a first conviction, consecutive to any sentence for the underlying felony. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Virginia Statute for Use Of A Firearm In Commission Of A Felony
Virginia law, specifically Va. Code § 18.2-53.1, makes it a separate felony to use, attempt to use, or display a firearm in a threatening manner while committing or attempting to commit specific felonies like murder, robbery, carjacking, burglary, and abduction. This charge is also to the underlying felony. A conviction triggers a mandatory minimum prison sentence of three years for a first offense and five years for a second or subsequent offense. This sentence must run consecutively (back-to-back) with any sentence imposed for the principal felony, dramatically increasing total incarceration time. Defending against a Use Of A Firearm In Commission Of A Felony charge requires a firearms defense lawyer who understands the nuances of proving both the underlying felony and the specific firearm element.
Official Legal Resources
Defense Strategy for a Use Of A Firearm In Commission Of A Felony Charge
Successfully defending a Use Of A Firearm In Commission Of A Felony charge often involves challenging the prosecution’s ability to prove the underlying felony did not occur or that a firearm was not actually used, attempted to be used, or displayed. In many jurisdictions, prosecutors must prove the firearm was operational. An experienced gun charges lawyer will meticulously examine police reports, witness statements, and forensic evidence. They may file motions to suppress evidence obtained unlawfully or challenge the identification of the firearm. Given the severe mandatory penalties, early intervention is critical to build a defense before a case proceeds to trial.
- Secure Immediate Representation: Contact a criminal defense firm immediately after arrest or charge.
- Case Analysis: Your attorney will review all charges, police reports, and evidence with a focus on the firearm allegation.
- Investigation & Motions: A weapon offense defense includes investigating the scene, interviewing witnesses, and filing pretrial motions to challenge evidence.
- Strategy Development: Based on the evidence, your lawyer will advise on the best path, which may involve negotiating a reduction of the underlying felony or preparing for trial.
- Resolution: Your case may be resolved through a negotiated plea to a lesser charge or proceed to a jury trial where the prosecution must prove every element beyond a reasonable doubt.
Penalties for Use Of A Firearm In Commission Of A Felony in Virginia
In Virginia, a conviction for Use Of A Firearm In Commission Of A Felony under § 18.2-53.1 carries a mandatory prison sentence that must be served consecutively to the sentence for the underlying crime.
| Offense | Classification | Mandatory Incarceration | Fine | Consecutive Sentence |
|---|---|---|---|---|
| Use of a firearm in commission of a felony (first conviction) | Separate Class 6 Felony* | 3 years minimum | Up to court discretion | Yes |
| Use of a firearm in commission of a felony (second/subsequent conviction) | Separate Class 6 Felony* | 5 years minimum | Up to court discretion | Yes |
*While the penalty structure aligns with a Class 6 felony (1-5 years, or up to 12 months and a fine at jury discretion), the mandatory minimums prescribed by § 18.2-53.1 control the actual sentence.
Results may vary. Prior results do not aim for a similar outcome.
Why Choose SRIS, P.C. for Your Firearms Charge Defense?
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 attorneys with deep knowledge of Virginia’s firearm statutes. We approach every Use Of A Firearm In Commission Of A Felony case with a detailed, evidence-focused strategy aimed at protecting your rights and seeking the best possible outcome.
Documented Case Results in Virginia
Our firm has a firm-wide track record of 4,739+ documented case results across VA, MD, NJ, NY, and DC with a 93%+ favorable outcome rate. While every case is unique, our extensive experience handling serious felonies, including those involving firearms, demonstrates our commitment to vigorous defense. Our secondary attorney on complex criminal matters, Mr. Sris, is a former prosecutor and firm founder with a background in accounting and information systems, providing an advantage in cases with financial or technical evidence.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Firearms Defense Lawyer Near You
We provide representation for Use Of A Firearm In Commission Of A Felony charges across Virginia. Our primary Fairfax location is centrally located to serve clients statewide.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve all Virginia communities.
FAQs: Use Of A Firearm In Commission Of A Felony in Virginia
Is the prison time for a Use Of A Firearm In Commission Of A Felony charge mandatory in Virginia?
Yes. Virginia law under § 18.2-53.1 imposes a mandatory minimum prison sentence of three years for a first conviction and five years for a second, which must be served consecutively to the sentence for the underlying felony.
Can I be charged with Use Of A Firearm In Commission Of A Felony if the gun wasn’t fired?
Yes. The statute applies if you use, attempt to use, or display a firearm in a threatening manner while committing a listed felony. Firing the weapon is not required for the charge to apply, making a strong weapon offense defense critical.
What is the best defense against a Use Of A Firearm In Commission Of A Felony charge?
It depends on the evidence. Common defenses include challenging whether the underlying felony occurred, proving the object was not a firearm, arguing the firearm was not used or displayed, or suppressing evidence obtained through an unlawful search. A skilled firearms defense lawyer will identify the strongest angle.
Do I need a specific lawyer for a gun charge like this?
Yes. Given the severe, mandatory penalties and complex legal issues, you need a gun charges lawyer with specific experience defending Virginia firearm felonies, not a general practitioner.
What happens if the underlying felony charge is dropped?
If the principal felony charge is dismissed or results in an acquittal, the separate Use Of A Firearm In Commission Of A Felony charge typically cannot stand, as it is dependent on the commission of that underlying felony.
Internal Resources: For more information, see our Virginia Criminal Lawyer hub page. We also assist with related issues like Traffic violations and Family law matters in Virginia.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.