Virginia Criminal Possession Of A Weapon Lawyer — What Are Your Defense Options?
Criminal possession of a weapon in Virginia is a serious offense under Va. Code § 18.2-308, with penalties ranging from a Class 1 misdemeanor to a Class 6 felony. A conviction can lead to jail time, fines, and a permanent criminal record.
Virginia Weapon Possession Laws and Penalties
Virginia law strictly regulates the possession of firearms and other weapons. The primary statute, Va. Code § 18.2-308, prohibits the carrying of concealed weapons without a permit. Other statutes address possession by convicted felons, possession on school grounds, and the illegal use or brandishing of firearms. The specific charges and penalties depend on the circumstances and the defendant’s criminal history.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
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 attorneys understand the nuances of Virginia’s weapon laws and the severe consequences a conviction can bring.
Official Legal Resources
- Va. Code Title 18.2, Chapter 7 (Weapons) – Official Virginia statute on weapons offenses.
- Virginia’s Judicial System – Official website for Virginia state courts, including forms and procedures.
Defense Strategy for Weapon Charges in Virginia
Virginia statewide practice requires a defense case-specific to the specific court and charge. A key procedural fact is that many weapon charges involve mandatory minimum sentences if convicted, making early and aggressive defense critical. For instance, possession of a firearm by a convicted felon carries a mandatory minimum prison term.
- Secure Immediate Legal Representation: Contact a lawyer as soon as possible after arrest. Do not discuss the case with anyone but your attorney.
- Case Analysis & Evidence Review: Your attorney will scrutinize the police report, search warrant (if any), and the circumstances of the seizure for constitutional violations.
- Develop a Defense Strategy: Potential defenses include lack of knowledge or possession, unlawful search and seizure, invalid permit allegations, or mistaken identity.
- Negotiation or Trial Preparation: Based on the evidence, your lawyer will negotiate with the prosecutor for a reduction or dismissal, or prepare a vigorous defense for trial.
- Post-Trial Motions & Appeals: If convicted, your attorney can file motions for reconsideration or notice an appeal to protect your rights.
Potential Penalties for Weapon Crimes in Virginia
In Virginia, criminal possession of a weapon carries severe penalties, including mandatory jail time for certain offenses and fines up to $2,500 for misdemeanors or significantly higher for felonies.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying Concealed Weapon (first offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Loss of concealed carry permit | Permanent criminal record |
| Possession of Firearm by Convicted Felon | Class 6 Felony | Mandatory minimum 2 years, up to 5 years | Up to $2,500 | N/A | Forfeiture of firearm, enhanced penalties for future crimes |
| Brandishing a Firearm | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible loss of firearm rights | Can be charged as a felony if done in certain public places |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Virginia Criminal Defense Team
Law Offices Of SRIS, P.C. was founded in 1997. Our combined attorney experience exceeds 120 years, and we have over 4,739 documented case results with a favorable outcome rate exceeding 93%. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous defense regardless of the charges. Our team includes former prosecutors and a former Virginia State Trooper, providing unique insight into how the other side builds a case.
Documented Case Results in Virginia
Law Offices Of SRIS, P.C. has a firm-wide track record across VA, MD, NJ, NY, and DC of 4,739+ documented results with a 93%+ favorable outcome rate. Our attorneys, including former prosecutor Kristen Fisher, have successfully defended clients against serious weapon charges by securing dismissals, reductions, and favorable plea agreements.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Criminal Possession Of A Weapon Lawyer Near You
Our Fairfax location is centrally located to serve clients across Northern Virginia. We are accessible via I-66, I-495, and Route 50. If you need a criminal possession of a weapon lawyer near Virginia, contact us for a consultation.
We serve all Virginia communities.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Phone: (703) 636-5417
By appointment only.
Frequently Asked Questions
What is the difference between a misdemeanor and felony weapon charge in Virginia?
It depends on the specific statute violated. For example, first-offense carrying a concealed weapon is typically a Class 1 misdemeanor, while possession of a firearm by a convicted felon is a Class 6 felony. Felonies carry potential state prison sentences (over one year) and more severe long-term consequences than misdemeanors.
Can a drug crime attorney also handle a weapon possession case?
Yes. Many criminal defense attorneys, including those at our firm, handle a broad range of charges. A skilled drug crime attorney is well-versed in search and seizure law and constitutional defenses, which are often central to weapon possession cases as well.
If drugs are also found, do I need a narcotics defense lawyer?
Yes. Combined drug and weapon charges significantly increase the potential penalties. You need a narcotics defense lawyer with experience in complex cases involving multiple statutes to develop a unified defense strategy against all charges.
Can a drug possession lawyer challenge the search that found a weapon?
Yes. A drug possession lawyer routinely files motions to suppress evidence obtained from illegal searches. If the search for drugs was unconstitutional, any weapons found during that search may also be excluded from evidence.
What should I do if I’m charged with both a weapon offense and a drug offense?
Contact a controlled substance lawyer immediately who has experience with overlapping charges. Do not speak to police. The strategies for defending against the drug charge and the weapon charge are interconnected and must be coordinated.
How can a former trooper like Bryan Block help my weapon case?
Yes. His 15 years as a Virginia State Trooper give him firsthand knowledge of police investigation tactics, report writing, and evidence collection procedures. This allows him to identify weaknesses or procedural errors in the prosecution’s case that other attorneys might miss.
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Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.