Use Of A Firearm In Crime Of Violence Lawyer in Chesterfield County, Virginia
A charge for Use Of A Firearm In Crime Of Violence in Chesterfield County is a serious felony under Virginia law, carrying severe mandatory prison time. Law Offices Of SRIS, P.C. provides immediate legal help for these complex cases. If you are facing this charge, contact our attorney for a confidential legal consultation today.
Virginia Law on Use Of A Firearm In Crime Of Violence
The Virginia statute addressing the Use Of A Firearm In Crime Of Violence is found in Va. Code § 18.2-53.1. This law imposes a mandatory minimum prison sentence for using or attempting to use a firearm while committing or attempting to commit specific violent felonies, such as murder, rape, robbery, carjacking, burglary, malicious wounding, or abduction. The charge is separate from the underlying felony and results in consecutive sentencing.
Last verified: April 2026 | Chesterfield County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-53.1 (official Virginia General Assembly)
- Chesterfield County General District Court Website
Chesterfield County Court Process for Firearm Charges
In Chesterfield County, a Use Of A Firearm In Crime Of Violence charge originates with an investigation, often by local police or the Chesterfield County Police Department. The case is prosecuted by the Chesterfield County Commonwealth’s Attorney. Given the mandatory minimum sentences, prosecutors have little discretion to offer plea deals that avoid prison time, making a strong defense critical from the outset.
- Arrest & Initial Appearance: You will be held without bond or given a high secured bond. An initial hearing is set in Chesterfield County General District Court.
- Preliminary Hearing: The Commonwealth must show probable cause for the felony charge. This is a key opportunity to challenge the evidence.
- Grand Jury & Circuit Court Indictment: The case proceeds to Chesterfield County Circuit Court for felony prosecution.
- Pre-Trial Motions & Discovery: Your attorney will file motions to suppress evidence and challenge the prosecution’s case.
- Trial or Resolution: Given the penalties, these cases often go to jury trial. A not-guilty verdict on the underlying felony can defeat the firearm charge.
Penalties for Use Of A Firearm In Crime Of Violence in Chesterfield
In Chesterfield County, a conviction for Use Of A Firearm In Crime Of Violence under Va. Code § 18.2-53.1 carries a mandatory minimum prison sentence of three years for a first conviction and five years for subsequent convictions, to be served consecutively with any sentence for the underlying felony.
| Offense | Classification | Mandatory Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Use of Firearm in Felony (First Conviction) | Separate Felony | 3 years minimum, consecutive | Court Discretion | Permanent felony record, loss of firearm rights |
| Use of Firearm in Felony (Subsequent) | Separate Felony | 5 years minimum, consecutive | Court Discretion | Enhanced penalties, prolonged incarceration |
Results may vary. Prior results do not aim for a similar outcome.
Our Legal Experience
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to serious felony cases. Our firm-wide record includes over 4,739 case results with a 93%+ favorable outcome rate. We understand the high stakes of firearm charges and build defenses aimed at the most favorable result possible.
Case Results in Chesterfield County
Our approach to serious charges is demonstrated in past outcomes. In Chesterfield County, we have secured dismissals and favorable resolutions in complex cases. For instance, we have achieved Not Guilty verdicts on charges like “Profane Language Over Public Airway” and Dismissals for charges such as “Purchase/Possess Alcohol.” While every case is unique, these results reflect our commitment to vigorous defense.
Results may vary. Prior results do not aim for a similar outcome.
Legal Help Near Chesterfield County, VA
Our Richmond location serves clients facing charges at the Chesterfield County courts. We are accessible via I-95, I-295, Route 1, Route 10, and Route 360 (Hull Street). We provide legal help to communities including Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, and Moseley.
Need a Use Of A Firearm In Crime Of Violence lawyer near Chesterfield County? Contact us 24/7 for a phone consultation.
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: (804) 377-4118
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Chesterfield County, Virginia?
A Class 1 misdemeanor in Chesterfield County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Chesterfield County General District Court (9500 Courthouse Road, Chesterfield, VA 23832).
Can criminal charges be expunged in Chesterfield County, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Chesterfield County Circuit Court. First-offense marijuana possession may qualify through deferred disposition.
How does bail work in Chesterfield County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Chesterfield County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Chesterfield County General District Court.
Do I need a criminal defense lawyer in Chesterfield County, Virginia?
Yes. Criminal charges in Chesterfield County are prosecuted by the Commonwealth’s Attorney. Even misdemeanors carry jail time and create a permanent record. A lawyer protects your rights and builds your defense from the start.
What is the difference between GDC and Circuit Court in Chesterfield County?
Chesterfield County General District Court handles misdemeanor trials and felony preliminary hearings. Chesterfield County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time.
Related Legal Help in Virginia
- Virginia Criminal Defense Lawyer
- Criminal Defense Lawyer in Henrico County
- DUI/DWI Lawyer in Chesterfield County
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.