A charge for the use of a firearm in a crime of violence in King George 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 charges.
Virginia Law on Use of a Firearm in a Crime of Violence
The use of a firearm in a crime of violence is defined under Va. Code § 18.2-53.1. This statute imposes a mandatory minimum prison sentence for any person who uses or attempts 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.
Last verified: April 2026 | King George County General District Court | Virginia General Assembly
Official Legal Resources
For the official statute, refer to the Virginia Legislative Information System (Va. Code § 18.2-53.1). Court information and procedures can be found on the Virginia Courts website for King George County General District Court.
Local Court Process for a Use Of A Firearm In Crime Of Violence Charge
In King George County, a use of a firearm in a crime of violence charge typically begins with an arrest and an initial appearance in the General District Court for a bond hearing and to set a date for a preliminary hearing. Because this is a felony, the case will be certified to the King George County Circuit Court for trial. The Commonwealth’s Attorney prosecutes these cases aggressively, given the mandatory penalties.
- Arrest & Initial Appearance: You will be taken before a magistrate for a bond determination, then have an initial hearing in King George County General District Court.
- Preliminary Hearing: The court determines 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 Circuit Court, which issues a formal indictment.
- Arraignment & Motions: You enter a plea in Circuit Court. Your lawyer files pre-trial motions to suppress evidence or challenge the charges.
- Trial or Plea Negotiation: The case proceeds to a jury trial or may be resolved through negotiation, potentially reducing the underlying charge.
- Sentencing: If convicted, the court must impose the mandatory minimum sentence consecutive to any sentence for the underlying crime.
Penalties for Use of a Firearm in Virginia
In King George 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 run consecutively with the sentence for the underlying felony.
| Offense | Classification | Mandatory Incarceration | Fine | Consecutive Sentence |
|---|---|---|---|---|
| Use of Firearm in Crime of Violence (First Conviction) | Separate Felony | 3 years minimum | Court Discretion | Yes |
| Use of Firearm in Crime of Violence (Subsequent Conviction) | Separate Felony | 5 years minimum | Court Discretion | Yes |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Serious Felony Charges
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to serious felony cases. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We provide vigorous advocacy for clients facing the most severe charges in Virginia courts.
Strategic Defense for Firearm Charges
Defending against a use of a firearm in a crime of violence charge requires attacking the prosecution’s case on multiple fronts. A lawyer must challenge whether the firearm was actually used, if it was operable, and if it was connected to the defendant. We also scrutinize the evidence for the underlying violent crime. In complex cases, Mr. Sris, the firm’s founder and a former prosecutor with a background in complex financial and technical analysis, often collaborates to develop case strategy.
Results may vary. Prior results do not aim for a similar outcome.
Use Of A Firearm In Crime Of Violence Lawyer Near King George, Dahlgren
Our Fairfax location serves clients at the King George County courts. We provide legal help to residents of King George and Dahlgren. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
By appointment only.
FAQs: Use of a Firearm Charges in King George, VA
What is the mandatory sentence for use of a firearm in Virginia?
Yes. A first conviction under Va. Code § 18.2-53.1 carries a mandatory minimum of three years in prison. A second or subsequent conviction carries a mandatory minimum of five years. This sentence must run consecutively to the sentence for the underlying violent felony.
Can the firearm charge be dropped if the main crime charge is reduced?
It depends. The firearm charge is separate. If the underlying felony (like robbery) is reduced to a misdemeanor, the firearm charge may no longer apply, as § 18.2-53.1 applies only to specific violent felonies. This is a common defense strategy pursued during plea negotiations.
What defenses are available against a Va. Code § 18.2-53.1 charge?
Key defenses include challenging whether the object was a firearm, if it was operable, if the defendant actually used or attempted to use it, and if there is sufficient evidence connecting the defendant to both the firearm and the underlying crime. Misidentification or lack of evidence are also potential defenses.
Do I need a lawyer for a firearm charge in King George County?
Yes. Given the mandatory prison time and the complexity of defending against two intertwined charges (the firearm charge and the underlying felony), immediate legal help from an experienced attorney is critical. The Commonwealth’s Attorney will aggressively prosecute these cases.
Where will my case be heard in King George County?
Your case will start in King George County General District Court for a preliminary hearing. It will then be transferred to King George County Circuit Court for indictment and trial, as these are felony charges.
Related Legal Help in King George County
If you are facing related charges, you may need a DUI lawyer in King George or a general criminal defense attorney in King George. For all Virginia firearm and violent crime matters, visit our Virginia criminal defense hub page.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.