Use Of A Firearm In Crime Of Violence Lawyer New Kent Virginia — What Are Your Defenses?
A charge for the use of a firearm in a crime of violence in New Kent County is a serious felony under Va. Code § 18.2-53.1, carrying a mandatory minimum sentence of three years in prison. This charge is separate from the underlying crime and can lead to decades of incarceration. Law Offices Of SRIS, P.C.
Virginia Law on Use of a Firearm in a Crime of Violence
Virginia treats the use of a firearm during the commission of a violent felony as a distinct and severe offense. The statute, Va. Code § 18.2-53.1, imposes a mandatory minimum prison sentence. This means a judge has no discretion to suspend or reduce the sentence below the legal minimum if you are convicted. The charge applies even if the firearm was not fired, as brandishing or displaying it during the crime is sufficient. The three-year mandatory minimum runs consecutively to any sentence for the underlying felony, dramatically increasing total prison time.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, review Va. Code § 18.2-53.1 (official Virginia General Assembly). Court procedures for New Kent County are managed through the New Kent County General District Court website.
Local Court Process for Firearm Charges in New Kent
In New Kent County, a charge for use of a firearm in a crime of violence begins with an arrest and an initial appearance before a magistrate. The case is then heard in New Kent County General District Court for a preliminary hearing to determine probable cause. Because this is a felony, the case will be certified to the New Kent County Circuit Court for a jury trial. The Commonwealth’s Attorney for New Kent County prosecutes these cases aggressively. Given the mandatory penalties, early intervention by a lawyer is critical to challenge the evidence before the case proceeds to Circuit Court.
- Arrest & Initial Appearance: You will be taken before a magistrate who sets bond. Given the severity, secured bond is likely.
- Preliminary Hearing: Your case is presented in New Kent County General District Court to establish probable cause for the felony charges.
- Circuit Court Arraignment: If certified, you will be formally charged and enter a plea in New Kent County Circuit Court.
- Pre-Trial Motions & Discovery: Your attorney files motions to suppress evidence and challenges the prosecution’s case.
- Plea Negotiations or Trial: The Commonwealth may offer a plea to the underlying charge to avoid the mandatory firearm penalty. If no agreement is reached, the case proceeds to a jury trial.
- Sentencing: A conviction triggers the mandatory minimum sentence under Va. Code § 18.2-53.1.
Potential Penalties for Use of a Firearm in New Kent County
In New Kent 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 be served consecutively to the sentence for the underlying felony.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Use of Firearm in Crime of Violence (Va. Code § 18.2-53.1) | Separate Felony | Mandatory minimum 3 years (consecutive) | Up to life imprisonment for underlying felony | Loss of firearm rights permanently | Felony record, severe difficulty finding employment/housing |
| Underlying Violent Felony (e.g., Robbery, Malicious Wounding) | Class 2, 3, 4, 5, or 6 Felony | 1 year to life, depending on class | Up to $100,000 | Loss of civil rights | Same as above; sentences run consecutively |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Firearm Charge Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our team understands the high stakes of firearm charges. We have a documented record of achieving favorable outcomes in complex criminal cases by meticulously analyzing police reports, challenging forensic evidence, and negotiating effectively with prosecutors. Our “Advocacy Without Borders” approach means we fight relentlessly for your future.
Case Results & Legal Help
While every case is unique, our firm-wide approach to criminal defense has yielded over 4,739 documented results with a favorable outcome rate exceeding 93%. In firearm-related cases, effective defense often involves challenging the legality of the search that discovered the weapon, disputing witness identification, or negotiating a reduction of the underlying felony charge. For a legal consultation specific to your situation in New Kent County, contact us immediately.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for New Kent County Firearm Charges
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: (703) 636-5417
By appointment only.
Our Richmond location serves clients facing charges at the New Kent County courts, accessible via I-64. As a use of a firearm in a crime of violence lawyer near New Kent, we provide representation for residents of New Kent, Providence Forge, and Quinton. We offer 24/7 phone consultations at (888) 437-7747 — all meetings are by appointment only.
Frequently Asked Questions: Use of a Firearm Charges
What does “use of a firearm” mean under Virginia law?
Yes. Under Va. Code § 18.2-53.1, “use” includes brandishing, displaying, or holding a firearm during a violent felony. The gun does not need to be fired. The law aims to deter the introduction of firearms into violent crimes, and prosecutors must prove this connection beyond a reasonable doubt.
Is there a mandatory minimum sentence?
Yes. A conviction carries a mandatory minimum of three years in prison. This sentence must run consecutively (added on) to any sentence you receive for the underlying violent felony, such as robbery or malicious wounding, significantly increasing total incarceration time.
Can this charge be reduced or dropped?
It depends. The charge can be dismissed if the underlying felony charge is defeated. Prosecutors may sometimes agree to amend the charge if the evidence of “use” is weak, or they may offer a plea to the underlying crime without the firearm enhancement to resolve the case. An attorney can negotiate based on the specific facts.
What should I do if I am arrested for this charge?
Do not speak to law enforcement without an attorney. Invoke your right to remain silent and your right to a lawyer. Contact a criminal defense attorney immediately. The decisions made in the first hours after an arrest can profoundly impact the direction of your case, especially for charges with mandatory penalties.
What are common defenses to Va. Code § 18.2-53.1?
Common defenses include challenging the legality of the search that found the firearm, arguing mistaken identity, proving the firearm was not operable, or demonstrating that the underlying crime was not a qualifying “crime of violence.” An experienced lawyer like Bryan Block will analyze all angles.
For more information on related charges, see our pages on criminal defense in Henrico County and DUI defense in New Kent County. Learn more about our firm’s approach on our Virginia criminal defense hub page.
Page last verified and updated: April 2026. Laws change frequently. For the most current guidance on use of a firearm in a crime of violence charges in New Kent County, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
If your case reaches beyond New Kent County, our page on use of a firearm in crime of violence charges across Virginia sets out what to look for at each stage.