Warrenton Weapons Charges Attorneys

Facing weapons charges can be a daunting experience, and the significance of having an experienced criminal defense attorney to navigate this challenging time cannot be overstated. At Mark B. Williams & Associates, PLC, we stand ready to defend your rights with unwavering commitment and ensure that you are not alone in this fight.

Since 1990, our criminal defense attorneys have been guiding clients through the complexities of the Virginia legal system. We provide compassionate, strong and knowledgeable legal counsel to help protect your rights and freedoms. Our dedication to our clients is evident in our focus on individual attention and tailored representation, ensuring that we address the unique circumstances of each case.

Fighting For Your Right To Bear Arms

In Virginia, you do not have to register a firearm or obtain a permit before purchasing one. However, the state takes weapons violations seriously, and a conviction can result in the loss of your ability to own a firearm permanently.

Common weapons crimes include:

• Carrying a concealed weapon without a valid permit (§ 18.2-308): This Class 1 misdemeanor carries up to 12 months in jail and a $2,500 fine. Defenses include proving you had a valid permit from another state with reciprocity or that the weapon was not actually concealed.
• Brandishing a firearm in Virginia (§ 18.2-282): This Class 1 misdemeanor occurs when you hold or point a firearm in a threatening manner. Defenses include self-defense, lack of intent to threaten or failure to reasonably induce fear.
• Felon in possession of a firearm in Virginia (§ 18.2-308.2): This Class 6 felony is punishable by one to five years in prison. Defenses include challenging the prior conviction’s validity or demonstrating your rights were restored through gun rights reinstatement.
• Possessing a firearm on school property (§ 18.2-308.1): This Class 6 felony prohibits firearms on school grounds. Defenses include proving you had written permission from school officials or that the weapon was unloaded and secured in your vehicle.
• Possessing a firearm while possessing drugs (§ 18.2-308.4): This Class 6 felony requires prosecutors to prove you knowingly possessed both items simultaneously. Defenses include challenging the drug possession charge or proving someone else controlled the firearm.
• Using or displaying a firearm during a felony (§ 18.2-53.1): This offense adds a mandatory three to five years in prison. Defenses focus on proving you did not display or use the weapon during the felony.

Convictions for weapons crimes in Virginia can lead to significant consequences, including fines, imprisonment and the potential loss of future firearm ownership rights. Depending on the offense and your criminal history, you could face a felony conviction and years behind bars. This highlights the necessity of having a criminal defense lawyer who is deeply familiar with weapons laws and the legal defenses available.

Can You Be Charged With Brandishing A Weapon If Yours Wasn’t Loaded Or If You Didn’t Point The Gun?

Yes, you can still face brandishing charges under § 18.2-282 even if your firearm was not loaded or you never pointed it directly at someone. Virginia law defines brandishing as holding, pointing or waving a firearm in a manner that reasonably induces fear in another person. Prosecutors only need to prove that your actions would cause a reasonable person to fear harm. Our attorneys challenge these charges by examining whether your actions truly induced reasonable fear, whether you acted in self-defense or whether the alleged victim’s fear was objectively unreasonable under the circumstances.

How Do Warrenton Prosecutors Handle Felon In Possession (§ 18.2-308.2) Cases?

Warrenton prosecutors aggressively pursue felons in possession of firearms charges because they view these cases as serious public safety threats. In Fauquier County, prosecutors typically seek active prison time, especially if your prior felony involved violence or drugs. Our defense strategy focuses on challenging whether your prior conviction qualifies as a felony under Virginia law, whether your rights were previously restored or whether you actually possessed the firearm. We also explore potential eligibility for gun rights reinstatement, which can eliminate your prohibited status entirely.

Let Mark B. Williams & Associates, PLC, Stand Up For You

When facing weapons charges, every second counts in safeguarding your rights and securing your future. Reach out to Mark B. Williams & Associates, PLC, at 540-254-0757 or fill out our online contact form. We offer free consultations to evaluate your criminal defense options. Trust us to leverage our extensive experience in your favor.