Use Of A Firearm In Crime Of Violence Lawyer in Goochland County, Virginia
A charge for the use of a firearm in a crime of violence in Goochland County is a severe felony under Virginia law, carrying mandatory minimum prison sentences. Law Offices Of SRIS, P.C. provides critical legal help for these complex cases. If you are facing this charge, immediate legal consultation is essential to protect your rights and build a strong defense strategy.
Last verified: April 2026 | Goochland County General District Court | Virginia General Assembly
Virginia Law on Use of a Firearm in a Crime of Violence
The use of a firearm in a crime of violence is codified under Va. Code § 18.2-53.1. This statute imposes a mandatory, consecutive 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 law is designed as a penalty enhancement, meaning the sentence for the firearm charge is added to the sentence for the underlying violent felony.
The firm, founded in 1997 by former prosecutor Mr. Sris, brings a deep understanding of how prosecutors build these serious cases from the initial investigation forward.
Official Legal Resources
- Va. Code § 18.2-53.1 (Use of a firearm in commission of a felony) – Official statute from the Virginia General Assembly.
- Goochland County Courts – Official website for the Goochland County General District and Circuit Courts.
Local Court Process for Firearm Charges in Goochland
In Goochland County, a charge for use of a firearm in a crime of violence will originate with an arrest and an initial appearance in the Goochland County General District Court. This court handles the preliminary hearing for the underlying felony. The firearm charge itself, being a separate felony, will also be certified to the Goochland County Circuit Court for a jury trial. The Commonwealth’s Attorney for Goochland County prosecutes these cases aggressively, given the severe mandatory penalties involved.
- Arrest & Initial Appearance: You will be taken before a magistrate for a bond hearing. Given the severity, securing a bond can be challenging.
- Preliminary Hearing: In Goochland County General District Court, a judge determines if there is probable cause for the underlying felony to proceed to Circuit Court.
- Grand Jury Indictment: The case is presented to a grand jury in Goochland County Circuit Court, which issues a formal indictment.
- Arraignment & Motions: You enter a plea in Circuit Court. Your attorney will file pre-trial motions, which are critical for challenging evidence and the prosecution’s theory of “use.”
- Trial or Resolution: The case proceeds to a jury trial or may be resolved through negotiation focused on the underlying felony allegations.
- Sentencing: If convicted on the firearm charge, the judge must impose the mandatory minimum sentence consecutive to any other sentence.
Potential Penalties for Use of a Firearm Charge
In Goochland County, 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 conviction and five years for subsequent convictions, to be served consecutively with the sentence for the underlying felony.
| Offense | Classification | Mandatory Incarceration | Fine | Consecutive Sentence |
|---|---|---|---|---|
| Use of Firearm in Felony (First Conviction) | Separate Felony | 3 years minimum | Up to court discretion | Yes |
| Use of Firearm in Felony (Subsequent Conviction) | Separate Felony | 5 years minimum | Up to court discretion | Yes |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Serious Firearm Charges
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to complex criminal defense. Our team includes former prosecutors and a former Virginia State Trooper, providing insight into both sides of a criminal case. We have a documented record of achieving favorable outcomes in challenging cases across Virginia.
For instance, our attorney Bryan Block, a former Virginia State Trooper with 15 years of law enforcement experience, has an intimate understanding of police investigations and evidence procedures that is crucial in firearm cases. His background is a significant asset when scrutinizing the circumstances of an arrest and the alleged “use” of a firearm.
Case Results in Goochland County
Our firm has documented results representing clients in Goochland County courts. In one case, our legal help resulted in a reckless driving speed charge (86/70 mph) being reduced to improper driving (80/70 mph) in Goochland General District Court.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Goochland County Firearm Charge Lawyer
Our Richmond location serves clients at the Goochland County courts. We provide representation for those in Goochland, Crozier, and Oilville.
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) 977-0097
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. The term “use” is broadly interpreted. It can include displaying the firearm, referring to it, or having it readily available to facilitate the crime. It does not necessarily require firing the weapon. The prosecution must prove the firearm was employed in some way to further the underlying violent felony.
Is there a mandatory minimum sentence for a use of a firearm charge?
Yes. Va. Code § 18.2-53.1 imposes a mandatory minimum of three years in prison for a first conviction and five years for a second or subsequent conviction. This sentence must be served consecutively (added on to) any sentence for the underlying felony.
Can the firearm charge be dropped if the underlying felony 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 § 18.2-53.1 specifically applies to felonies. A skilled attorney can negotiate to reduce the underlying charge, which may lead to the dismissal of the firearm enhancement.
What should I do if I’m charged with use of a firearm in a crime of violence?
Do not speak to investigators without an attorney. Immediately seek a legal consultation with a criminal defense lawyer experienced in violent felonies and firearm laws. The strategies for defense, such as challenging the evidence of “use” or the legality of the search that found the firearm, are highly time-sensitive and complex.
What are common defenses to a Va. Code § 18.2-53.1 charge?
Defenses may include challenging whether the object was a functional firearm, whether the defendant actually “used” it during the crime, the legality of the search and seizure, mistaken identity, or lack of intent to commit the underlying felony. Each case requires a detailed analysis of the specific facts.
Related Legal Help in Goochland County
If you are facing serious charges, understanding all your options is crucial. You may also want to learn about criminal defense in Goochland County, federal criminal defense, or DUI/DWI defense. For a broader view of our services, see our Virginia criminal defense hub page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.