Use Of A Firearm In Crime Of Violence Lawyer in Fairfax County, Virginia
A charge for the use of a firearm in a crime of violence in Fairfax County, Virginia, is a serious felony under Va. Code § 18.2-53.1, carrying a mandatory minimum sentence of three years in prison. This charge is often added to underlying violent crimes like robbery or assault, dramatically increasing penalties. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Virginia Law on Use of a Firearm in a Crime of Violence
The statute governing the use of a firearm in a crime of violence is Va. Code § 18.2-53.1. This law makes it a separate felony to use or attempt to use a firearm while committing or attempting to commit specific violent felonies, including murder, rape, robbery, carjacking, burglary, malicious wounding, and abduction. The charge is not dependent on the firearm being fired; its mere display or use as a threat can be sufficient for a conviction. The mandatory minimum sentence is three years, which must be served consecutively to any sentence for the underlying crime.
For a Use Of A Firearm In Crime Of Violence Lawyer Fairfax County Virginia, understanding the interplay between this charge and the primary offense is critical. The prosecution must prove both the underlying violent felony and the use of the firearm in its commission.
Official Legal Resources
For the official text of the statute, refer to Va. Code § 18.2-53.1 (official Virginia General Assembly website). Court procedures for felony cases in Fairfax County are handled by the Fairfax County Circuit Court.
- Arrest and Initial Appearance: After arrest, you will have an initial hearing in Fairfax County General District Court, where bond is set.
- Preliminary Hearing: A hearing is held in General District Court to determine if there is probable cause for the felony charges to proceed to Circuit Court.
- Grand Jury Indictment: The case is presented to a grand jury in Fairfax County Circuit Court. If indicted, the case proceeds to trial there.
- Pre-Trial Motions & Discovery: Your attorney files motions to suppress evidence and challenges the prosecution’s case during extensive discovery.
- Trial or Plea Negotiation: The case proceeds to a jury trial in Circuit Court or may be resolved through strategic plea negotiations aimed at reducing or dismissing the firearm charge.
- Sentencing: If convicted, sentencing occurs in Circuit Court, where the mandatory minimum for the firearm charge applies.
Potential Penalties in Fairfax County
In Fairfax County, a conviction for use of a firearm in a crime of violence under Va. Code § 18.2-53.1 carries a mandatory minimum of three years in prison, which must run consecutively to the sentence for the underlying felony.
| Offense | Classification | Mandatory Incarceration | Fine | Consecutive Sentence |
|---|---|---|---|---|
| Use of Firearm in Crime of Violence | Class 6 Felony (or higher based on underlying crime) | 3-year mandatory minimum | Up to $2,500 | Yes, to underlying crime sentence |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Fairfax County Courts
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex criminal defense. Our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand the high stakes of firearm charges in Fairfax County’s rigorous court system. Of Counsel attorney Bryan Block, a former Virginia State Trooper with 15 years of law enforcement experience, provides invaluable insight into evidence and procedure for these cases.
Case Results
Our approach to firearm charges focuses on rigorous evidence review and strategic negotiation. We have secured favorable outcomes in cases involving serious allegations. For example, we have successfully argued for the reduction of felony firearm-related charges to misdemeanors and have challenged the sufficiency of evidence linking a client to a firearm.
Results may vary. Prior results do not aim for a similar outcome.
Fairfax County Firearm Charge Defense
Our Fairfax location serves clients at the Fairfax County courts. We provide legal help for firearm charges to residents of Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
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.
FAQs: Use of a Firearm Charges in Virginia
What is the mandatory sentence for use of a firearm in Virginia?
Yes. Va. Code § 18.2-53.1 imposes a mandatory minimum sentence of three years in prison for using a firearm in a crime of violence. This sentence must run consecutively to any sentence for the underlying felony.
Can the firearm charge be dropped if the main charge is reduced?
It depends. The firearm charge is separate. If the underlying felony is reduced to a misdemeanor, the firearm charge may no longer apply, as the statute specifies certain violent felonies. A skilled attorney can negotiate for a reduction of the primary charge to facilitate dismissal of the firearm enhancement.
Do I need a lawyer for a firearm charge?
Yes. The mandatory prison time and complex legal definitions make professional legal help essential. An attorney can challenge evidence, negotiate with prosecutors, and protect your rights at every stage in Fairfax County Circuit Court.
What if I didn’t fire the gun?
You can still be charged. The law applies to using or attempting to use a firearm. Displaying a gun to intimidate a victim during a robbery, for example, qualifies as “use” under the statute, even if it was never fired.
Where are these cases heard in Fairfax County?
Felony firearm charges begin with a preliminary hearing in Fairfax County General District Court but are indicted and tried in Fairfax County Circuit Court, located at 4110 Chain Bridge Road, Fairfax, VA.
Related Legal Help
If you are facing related charges, you may need a DUI lawyer in Fairfax or a criminal defense attorney in Fairfax. For an overview of our statewide services, see our Virginia criminal defense hub. We also serve clients in neighboring areas like Falls Church and Prince William County.
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.