Virginia Use Of A Firearm In Crime Of Violence Lawyer — What Are Your Defense Options?
A charge for the use of a firearm in a crime of violence in Virginia is a severe 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 dramatically increase your total penalty. Law Offices Of SRIS, P.C.
Virginia Statute for Use of a Firearm in a Crime of Violence
The specific law governing this charge is Va. Code § 18.2-53.1. It states that it is illegal for any person to use or attempt to use any pistol, shotgun, rifle, or other firearm, or display such weapon in a threatening manner, while committing or attempting to commit specific violent felonies. This statute creates a separate, distinct offense from the underlying crime.
Last verified: April 2026 | Virginia Statewide Courts | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm has a deep understanding of how prosecutors build these cases. The mandatory penalties require a defense strategy that starts from the moment of arrest.
Official Legal Resources
For the exact statutory language, refer to the official Va. Code § 18.2-53.1 (official Virginia General Assembly). For court procedures and rules, visit the Virginia Judicial System website.
Defense Strategy for a Firearm Enhancement Charge
Successfully defending against a charge under § 18.2-53.1 often involves challenging the connection between the firearm and the underlying crime. Prosecutors must prove you used, attempted to use, or displayed the firearm during the commission of the predicate felony. A strong defense may argue the firearm was not used in furtherance of the crime or that its presence was incidental.
- Immediate Case Review: Analyze the arrest report, witness statements, and evidence to identify weaknesses in the prosecution’s theory of “use.”
- Motion to Suppress: File motions to challenge any illegally obtained evidence, such as statements or the firearm itself, if search and seizure laws were violated.
- Challenge the Predicate Crime: If the underlying violent felony charge can be reduced or dismissed, the firearm enhancement may fall with it.
- Negotiate with the Commonwealth: Engage in pre-trial negotiations to seek a reduction of the underlying charge, which may affect the mandatory minimum.
- Trial Preparation: If the case proceeds to trial, prepare a focused defense to create reasonable doubt about the element of “use” during the crime.
Potential Penalties for Use of a Firearm in Virginia
In Virginia, a conviction for use of a firearm in a crime of violence adds a mandatory, consecutive prison sentence on top of the penalty for the underlying felony.
| Offense | Classification | Mandatory Incarceration | Additional Consequences |
|---|---|---|---|
| Use of a Firearm in a Crime of Violence (First Offense) | Separate Felony | 3 years minimum, consecutive to underlying crime sentence | Permanent felony record, loss of firearm rights, severe impact on employment and housing |
| Use of a Firearm in a Crime of Violence (Second or Subsequent Offense) | Separate Felony | 5 years minimum, consecutive to underlying crime sentence | All consequences above, with significantly longer total incarceration time |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Serious Felony Charges
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys, including former prosecutor Mr. Sris and former Virginia State Trooper Bryan Block, bring a combined 120+ years of legal experience to building defenses against serious weapon charges. We understand the tactics used by law enforcement and prosecutors in these cases. Our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate.
Case Results for Firearm and Violent Crime Charges
Our firm has a documented history of achieving favorable results in complex criminal cases. For instance, we have successfully argued for the suppression of firearm evidence obtained without proper warrant, skilled to the dismissal of the § 18.2-53.1 enhancement. In other cases, skilled negotiation has resulted in the reduction of the underlying violent felony, thereby lessening the overall exposure for our client.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Use Of A Firearm In Crime Of Violence Lawyer Near You
Facing this charge requires a lawyer who understands the severe stakes. Our attorneys are accessible across Virginia. We offer 24/7 phone consultations at (888) 437-7747. Meetings are held by appointment only at our offices to provide focused, confidential legal help.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions (Use Of A Firearm In Crime Of Violence)
Is the prison time for a firearm charge really mandatory?
Yes. Under Va. Code § 18.2-53.1, the judge must impose the mandatory minimum sentence (3 years for first offense, 5 for second) and must run it consecutively to the sentence for the underlying crime. The judge has no discretion to suspend this time.
Can I be charged if the gun wasn’t fired?
Yes. The statute applies to using, attempting to use, or displaying the firearm in a threatening manner. Simply possessing it during the crime in a way that intimidates the victim can be enough for a charge, even without a shot fired.
What crimes trigger this firearm enhancement?
The law applies to specific violent felonies, including murder, rape, robbery, carjacking, burglary, malicious wounding, and abduction. It does not apply to all crimes; the underlying offense must be one listed in the statute.
How can a lawyer help with this charge?
A lawyer can attack the charge by challenging the evidence that you “used” the firearm, seeking to suppress the gun if it was illegally seized, or negotiating a reduction of the underlying felony charge, which may affect the mandatory minimum.
Should I talk to the police if I’m investigated for this?
No. You have the right to remain silent. Anything you say can be used to prove both the underlying crime and the firearm enhancement. Request a lawyer immediately and do not answer questions without one present.
Last verified: April 2026. Information is current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.