Use Of A Firearm In Crime Of Violence Lawyer in Stafford, Virginia — What Are Your Defense Options?
A charge for the use of a firearm in a crime of violence in Stafford County is a severe felony under Virginia law, carrying a mandatory minimum prison sentence. If convicted, you face a mandatory three-year sentence for a first offense and a mandatory five-year sentence for subsequent offenses, which must be served consecutively to any other sentence.
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 in Virginia is Va. Code § 18.2-53.1. This law imposes severe mandatory penalties for using or attempting to use a firearm while committing or attempting to commit specific violent felonies. The underlying crimes that trigger this statute include murder, rape, robbery, carjacking, burglary, malicious wounding, abduction, and sexual assault. The firearm does not need to be fired; its mere use or display during the commission of the predicate felony is sufficient for a conviction.
Last verified: April 2026 | Stafford County General District Court | Virginia General Assembly
External Legal Resources
For the official Virginia statute, see Va. Code § 18.2-53.1 (official Virginia General Assembly). Court information for Stafford County can be found at the Stafford County General District Court website.
Defense Strategy and Court Process in Stafford County
Defending against a charge under Va. Code § 18.2-53.1 requires attacking both the underlying felony and the firearm allegation. A key local procedural fact is that these charges are often prosecuted in Stafford County Circuit Court, where jury trials are held. The Commonwealth must prove beyond a reasonable doubt that you used, attempted to use, or displayed a firearm in a manner reasonably calculated to produce fear while committing one of the listed felonies. Success often hinges on challenging the evidence linking you to the firearm or disputing the elements of the underlying violent crime.
- Initial Arrest & Bond Hearing: You will be held without bond or face a high secured bond. An immediate argument for bond reduction is critical.
- Preliminary Hearing: The case begins in Stafford County General District Court for a preliminary hearing to determine probable cause for the felony charges.
- Circuit Court Arraignment: If certified, the case moves to Stafford County Circuit Court for formal arraignment, where you enter a plea.
- Pre-Trial Motions & Discovery: Your attorney will file motions to suppress evidence, challenge the firearm allegation, and obtain all discovery from the Commonwealth.
- Plea Negotiations or Trial: Given the mandatory minimums, plea negotiations focus on reducing the underlying felony. If no agreement is reached, a jury trial in Circuit Court is the next step.
- Sentencing: A conviction under § 18.2-53.1 triggers a mandatory, consecutive prison sentence.
Potential Penalties for Use of a Firearm in Virginia
In Stafford County, a conviction for use of a firearm in a crime of violence carries a mandatory prison sentence of three years for a first offense and five years for a second or subsequent offense, which must run consecutively to the sentence for the underlying felony.
| Offense | Classification | Mandatory Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Use of Firearm in Crime of Violence (First Offense) | Separate Felony | 3 years minimum, consecutive | Court Discretion | Potential loss of firearm rights | Permanent felony record, severe impact on future employment and housing |
| Use of Firearm in Crime of Violence (Subsequent Offense) | Separate Felony | 5 years minimum, consecutive | Court Discretion | Loss of firearm rights | Permanent felony record, “violent felon” designation |
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 complex criminal defense. Our firm-wide track includes over 4,739 case results with a 93%+ favorable outcome rate. We understand the high-stakes nature of firearm charges and the aggressive prosecution tactics used in Stafford County courts.
Our team includes seasoned attorneys like Kristen M. Fisher, a former Maryland Assistant State’s Attorney, who brings prosecutorial insight to building your defense strategy.
Documented Case Results
While every case is unique, our firm is dedicated to achieving the best possible outcome. We have a documented history of favorable results in serious criminal matters across Virginia.
Results may vary. Prior results do not aim for a similar outcome.
Local Service for Stafford County Residents
Law Offices Of SRIS, P.C.
Fairfax Location — 4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax Location serves clients at the Stafford County courts. We are accessible via I-95 and Route 1. As a use of a firearm in a crime of violence lawyer near Stafford, we provide representation for residents of Stafford, Aquia Harbour, and Brooke. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings 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 displaying the firearm in a threatening manner, not just firing it. The prosecution must prove the firearm was employed to facilitate the underlying violent crime.
Is there a mandatory minimum sentence for this charge?
Yes. A first conviction carries a mandatory minimum of three years in prison. A second or subsequent conviction carries a mandatory minimum of five years. These sentences must run consecutively 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 non-qualifying misdemeanor, the basis for the firearm charge may be eliminated. This is a common focus of pre-trial negotiations.
What court handles these cases in Stafford County?
These felony charges are ultimately tried in Stafford County Circuit Court. The process begins with a preliminary hearing in Stafford County General District Court to establish probable cause.
Why do I need a lawyer for this charge?
The mandatory prison sentences make these charges exceptionally serious. An attorney is essential to challenge the evidence, negotiate with prosecutors, and protect your rights at every stage, from bond hearing through trial.
Related Legal Help in Stafford County
If you are facing other serious charges, we also provide legal help for criminal defense in Stafford County, DUI/DWI charges, and reckless driving. For a broader view of our Virginia practice, see our Virginia criminal defense hub. We also serve clients in neighboring areas like Prince William County.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.