Use Of A Firearm In Crime Of Violence Lawyer in Fauquier County, Virginia
A charge for the use of a firearm in a crime of violence in Fauquier County is a severe felony under Virginia law, carrying mandatory minimum prison sentences. Law Offices Of SRIS, P.C. provides immediate legal help for these complex charges. Our attorneys, including former prosecutors, understand the high stakes and can build a defense strategy for your case.
Virginia Law on Use of a Firearm in a Crime of Violence
The use of a firearm in a crime of violence is a distinct felony charge under Va. Code § 18.2-53.1. This statute applies when a person uses, attempts to use, or displays a firearm in a manner reasonably calculated to intimidate another while committing specific violent felonies, such as murder, robbery, carjacking, burglary, malicious wounding, or abduction. The charge is separate from the underlying violent crime and carries its own mandatory penalties.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
For the official statute, refer to the Virginia Code § 18.2-53.1. Court procedures and filings for Fauquier County are handled through the Fauquier County General District Court website.
Penalties for a Firearm Charge in Fauquier County
In Fauquier County, a conviction for use of a firearm in a crime of violence carries a mandatory minimum prison sentence of three years for a first conviction and five years for subsequent convictions, which must be served consecutively to any sentence for the underlying felony.
| Offense | Classification | Mandatory Incarceration | Fine | Consecutive Sentence |
|---|---|---|---|---|
| First Conviction (§ 18.2-53.1) | Class 6 Felony* | 3 years minimum | Up to $2,500 | Yes |
| Subsequent Conviction | Class 6 Felony* | 5 years minimum | Up to $2,500 | Yes |
*The statute mandates a specific penalty range that operates similarly to a Class 6 felony (1-5 years, or up to 12 months and $2,500 at jury discretion), but the mandatory minimums control.
Results may vary. Prior results do not aim for a similar outcome.
Our Approach to Firearm Charge Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex criminal defense. Our firm-wide track includes over 4,739 case results with a 93%+ favorable outcome rate. We approach firearm charges by meticulously challenging the prosecution’s evidence on two fronts: the underlying violent crime and the specific “use” of the firearm. We examine police reports, witness statements, and forensic evidence for constitutional violations or weaknesses.
- Case Assessment & Bond Hearing: Immediate review of charges and police narrative. Advocate for bond at the Fauquier County General District Court.
- Investigation & Discovery: Obtain all evidence from the Commonwealth’s Attorney. Scrutinize the chain of custody for the firearm and witness identifications.
- Motion Practice: File motions to suppress evidence obtained illegally or to challenge the legal sufficiency of the “use” allegation.
- Plea Negotiation or Trial: Negotiate with prosecutors, potentially to reduce the underlying charge (which can nullify the firearm enhancement). Prepare for a jury trial in Fauquier County Circuit Court if necessary.
Case Results for Firearm and Violent Crime Charges
While every case is unique, our firm’s approach to serious felony defense is proven. In Fauquier County, we have documented results in criminal cases. For firearm-related and violent crime charges, our legal team works to challenge the evidence, negotiate reductions, or secure acquittals at trial. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases, leveraging his experience amending Virginia law.
Results may vary. Prior results do not aim for a similar outcome.
Legal Help Near Warrenton & Fauquier County
Our Fairfax location serves clients facing charges at the Fauquier County General District Court (6 Court Street, Warrenton, VA 20186), accessible via I-66, Route 29, and Route 17. If you need a use of a firearm in a crime of violence lawyer near Warrenton, Marshall, or The Plains, we are here to help. We serve the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
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 does “use of a firearm” mean under Virginia law?
It depends. Va. Code § 18.2-53.1 defines “use” as employing a firearm in a way reasonably calculated to intimidate another during a violent felony. This can include brandishing, pointing, or displaying the weapon, not necessarily firing it. The interpretation is fact-specific and a key point for legal defense.
Is there a mandatory prison sentence for a first-time firearm charge?
Yes. A first conviction under § 18.2-53.1 carries a mandatory minimum sentence of three years in prison. This sentence must be served consecutively (added on) to any sentence for the underlying violent crime, such as robbery or malicious wounding.
Can the firearm charge be dropped if the underlying felony is reduced?
Yes. The firearm charge is dependent on a conviction for one of the listed violent felonies. If a skilled attorney can negotiate a reduction of the underlying charge to a non-qualifying offense (e.g., simple assault instead of malicious wounding), the mandatory firearm enhancement charge must be dismissed.
What court handles these charges in Fauquier County?
The initial charge and bond hearing occur in Fauquier County General District Court. However, because it is a felony, the case will be certified to the Fauquier County Circuit Court for any trial or final plea agreement. You have a right to a jury trial in Circuit Court.
Why do I need a lawyer for this charge immediately?
These charges carry severe, mandatory prison time. Early intervention by an attorney is critical to protect your rights during questioning, secure bond, and begin investigating the evidence against you. A lawyer can file pre-trial motions that may lead to evidence being suppressed or charges reduced.
Related Legal Help in Fauquier County
If you are facing related charges, you may need a Fauquier County criminal defense lawyer for the underlying felony. For broader Virginia defense, see our Virginia criminal defense lawyer hub. We also assist clients in nearby jurisdictions like Fairfax County and Prince William County.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.