Use Of A Firearm In Crime Of Violence Lawyer in Arlington, Virginia — What Are Your Defense Options?
A charge for the use of a firearm in a crime of violence in Arlington, Virginia, is a severe felony under Va. Code § 18.2-53.1, carrying a mandatory minimum sentence of three years in prison, which must run consecutively to any other sentence. Law Offices Of SRIS, P.C. provides immediate legal help for these complex federal and state charges.
Last verified: April 2026 | Arlington County General District Court | Virginia General Assembly
Virginia Law on Use Of A Firearm In Crime Of Violence
The statute governing the use of a firearm in a crime of violence in Virginia is Va. Code § 18.2-53.1. This law imposes a mandatory, additional prison sentence for any person who uses or attempts to use a firearm while committing or attempting to commit specific felonies, including murder, rape, robbery, carjacking, burglary, malicious wounding, abduction, or sexual assault. The mandatory minimum sentence is three years for a first conviction and five years for a second or subsequent conviction. This penalty is separate from and must be served consecutively to any sentence imposed for the underlying felony.
Official Legal Resources
For the full text of the statute, refer to Va. Code § 18.2-53.1 (official Virginia General Assembly). Court procedures for Arlington County can be found at the Arlington County General District Court website.
Arlington County Court Process for Firearm Charges
Charges for use of a firearm in a crime of violence in Arlington County typically originate with an arrest and are presented to the Arlington County General District Court for initial hearings. Given the severity, these cases often proceed to indictment and trial in the Arlington County Circuit Court. The Commonwealth’s Attorney prosecutes these cases aggressively due to the mandatory penalties. A key procedural fact is that the firearm charge is a separate indictment from the underlying violent felony, requiring the prosecution to prove both elements beyond a reasonable doubt.
- Arrest and Initial Appearance: You will be taken before a magistrate for a bond hearing.
- Preliminary Hearing: In Arlington County General District Court, a judge determines if there is probable cause for the felony charges.
- Grand Jury Indictment: The case is presented to a grand jury in Arlington County Circuit Court for a formal indictment.
- Arraignment: You enter a plea of guilty or not guilty in Circuit Court.
- Pre-Trial Motions & Discovery: Your attorney files motions to suppress evidence or dismiss charges and reviews all prosecution evidence.
- Trial or Plea Negotiation: The case proceeds to a jury trial or may be resolved through a negotiated plea agreement.
Potential Penalties for Use Of A Firearm In Crime Of Violence in Arlington
In Arlington, a conviction for use of a firearm in a crime of violence under Va. Code § 18.2-53.1 carries a mandatory minimum prison sentence of three years for a first offense, which must be served consecutively to the sentence for the underlying felony.
| Offense | Classification | Mandatory Incarceration | Fine | Consecutive Sentence |
|---|---|---|---|---|
| Use of Firearm in Crime of Violence (1st Conviction) | Separate Felony | 3 years minimum | Court Discretion | Yes |
| Use of Firearm in Crime of Violence (2nd+ Conviction) | Separate Felony | 5 years minimum | Court Discretion | Yes |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Violent Crime Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. Our team understands the high stakes of firearm enhancement charges and the specific dynamics of Arlington County courts.
Documented Case Results
Our approach to serious charges is informed by a history of favorable outcomes. In Arlington County, we have documented results including dismissals and favorable amendments on related charges. For instance, we have secured dismissals for charges like destruction of property and fare evasion in Arlington County GDC. Results may vary. Prior results do not aim for a similar outcome.
Contact Our Arlington Use Of A Firearm In Crime Of Violence Lawyer
Our Arlington location serves clients at the Arlington County courts. We provide legal help to neighborhoods including Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. As a use of a firearm in a crime of violence lawyer near Arlington, we offer 24/7 phone consultations — (888) 437-7747 | Local: 703-589-9250 — meetings by appointment only.
Law Offices Of SRIS, P.C.
Arlington Location — 1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
What is the mandatory sentence for use of a firearm in Virginia?
Yes. Va. Code § 18.2-53.1 mandates a minimum of three years in prison for a first conviction, to be served consecutively to the sentence for the underlying violent felony. A second conviction carries a five-year mandatory minimum.
Can the firearm charge be dropped if the main felony is reduced?
It depends. The firearm charge is separate. If the underlying felony is reduced to a misdemeanor not listed in the statute, the firearm enhancement may not apply. This requires skilled negotiation or litigation by your attorney.
What does “use” of a firearm mean under this law?
The law defines “use” as displaying the firearm in a threatening manner, attempting to use it, or actually firing it. Mere possession without evidence of use in furtherance of the crime may be a defense.
Do I need a lawyer for a firearm enhancement charge?
Yes. The mandatory prison sentence makes immediate legal help critical. An attorney can challenge the evidence linking the firearm to the crime, negotiate the underlying charge, or argue for constitutional violations in the investigation.
Where are these cases heard in Arlington County?
Initial hearings are at Arlington County General District Court. The felony trial for the underlying crime and the firearm charge is held in Arlington County Circuit Court, where you have the right to a jury trial.
For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in Alexandria. If you are facing other charges, consider our Arlington DUI lawyer or Arlington family law attorney.
Last verified: April 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.