Use of a Firearm

Understanding the Consequences of Using or Displaying a Firearm During a Felony in Virginia

A Guide to Virginia's Firearm Laws in Felony Situations

Virginia has strict laws surrounding the use and display of firearms during the commission of a felony. In this article, we will discuss the legal implications of using or displaying a firearm during a felony in Virginia, the potential penalties, and possible defenses. We'll also explore the importance of seeking legal counsel if faced with such charges.

The Legal Definition of Using or Displaying a Firearm in a Felony

In Virginia, using or displaying a firearm during the commission of a felony is a separate and distinct criminal charge. This charge is typically added to the underlying felony offense, such as robbery or assault. Under Virginia Code § 18.2-53.1, it is unlawful for any person to use, attempt to use, or display a firearm or any object similar in appearance while committing or attempting to commit a felony.

Mandatory Minimum Sentences for Firearm Usage in Felonies

When convicted of using or displaying a firearm during a felony, the defendant will face a mandatory minimum sentence, which will be served consecutively to any other sentence imposed for the underlying felony. According to Virginia law:

• For a first offense, the mandatory minimum sentence is three years.
• For a second or subsequent offense, the mandatory minimum sentence is five years.

It's important to note that these sentences cannot be suspended or reduced by the court.

Limitations and Restrictions

Virginia Code 18.2-53.1 only applies to certain felonies. For instance, you cannot be charged if you use a gun while committing credit card fraud. The specific felonies this statute applies to are:

• Murder
• Rape
• Forcible Sodomy
• Object Sexual Penetration
• Robbery
• Carjacking
• Burglary
• Malicious Wounding
• Abduction

This charge is typically added in a serious violent crime, where. In any of the above cases you are facing penalties ranging into the decades or life in prison.

Possible Defenses Against Firearm-Related Felony Charges

Several defenses may be applicable in cases involving the use or display of a firearm during a felony. Some of these defenses include:

1. Lack of possession or control: If the defendant did not possess or have control over the firearm during the commission of the felony, they may not be guilty of the additional firearm charge.
2. Mistaken identity: If the defendant can prove they were not the person who used or displayed the firearm during the felony, they may not be held responsible for the additional charge.
3. Self-defense: In some cases, the defendant may argue that they used or displayed the firearm in self-defense or in defense of others.

It is crucial to consult with an experienced criminal defense attorney to determine the best possible defense strategy based on the specific facts of the case.

The Importance of Legal Representation

Facing charges of using or displaying a firearm during a felony in Virginia is a serious matter with potentially severe consequences. It is crucial to have knowledgeable and experienced legal representation when dealing with these charges. A skilled criminal defense attorney can:

1. Review the evidence: A thorough examination of the evidence is essential to build a strong defense. Your attorney can identify any weaknesses or inconsistencies in the prosecution's case, potentially leading to a more favorable outcome.
2. Negotiate with the prosecutor: An experienced attorney may be able to negotiate a plea agreement or reduced charges, which can significantly lessen the potential penalties you face.
3. Develop a tailored defense strategy: Every case is unique, and a skilled attorney will develop a defense strategy based on the specific facts and circumstances of your situation.
4. Advocate for your rights: An attorney will ensure that your rights are protected throughout the legal process, from the initial arrest to the conclusion of your case.

Conclusion

Understanding the legal implications of using or displaying a firearm during a felony in Virginia is essential for anyone facing such charges. The potential penalties are severe, and having a strong defense strategy is crucial for achieving the best possible outcome. If you or a loved one are facing charges related to the use or display of a firearm during a felony, it is vital to seek the counsel of an experienced criminal defense attorney as soon as possible.