Gun Charges
Gun Crimes Attorney Glen Allen, VA
Peters Law Firm defends clients facing gun and weapons charges in Glen Allen, Henrico County, and across the greater Richmond area. Founded by Rebecca Peters, a former law clerk in criminal defense with additional background in family law, the firm approaches each weapons case with a strategy built around the specific facts, charges, and circumstances at hand.
If you have been charged with a firearms offense, the decisions you make in the first 24 to 48 hours matter. An attorney who understands Virginia weapons law and the courts in Henrico County can make a measurable difference in how your case resolves.
Contact Peters Law Firm at (804) 572-8265.
What is the Definition of Gun Crime in Virginia?
A gun crime, also called a weapons charge or firearms offense, is any violation of Virginia law involving the possession, use, carrying, or transfer of a firearm. These charges range from misdemeanors to serious felonies, and they can result in mandatory prison time, permanent loss of firearm rights, and a lasting criminal record.
Many people are surprised to find themselves facing a weapons charge. In some cases, a firearm was legally purchased and registered, but the circumstances of how it was carried or where it was taken triggered a charge. In other cases, a prior conviction created a legal prohibition on possession that the person did not fully understand.
Common scenarios that lead to gun charges in Virginia include:
- Carrying a concealed handgun without a valid permit
- Possessing a firearm as a convicted felon or prohibited person
- Bringing a firearm into a restricted location such as a school, courthouse, or place of worship
- Using or brandishing a firearm during the commission of another crime
- Illegally transferring or purchasing a firearm
Virginia gun laws can be complex. Whether your charge stems from a misunderstanding of concealed carry rules or a more serious allegation, the legal exposure is real and the stakes are high.
How Virginia Law Applies to Gun Crimes
Virginia has a defined set of statutes that govern firearm possession, carrying, and use. Understanding which statute applies to your charge is the first step in building a defense.
Carrying a Concealed Weapon (Va. Code § 18.2-308): This is one of the most frequently charged firearms offenses in Virginia. It is unlawful to carry a concealed handgun or other weapon on or about your person without a valid Virginia Concealed Handgun Permit (CHP). A first offense is typically a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. Subsequent offenses escalate to felony charges with significantly higher penalties. Carrying a concealed weapon while intoxicated or in certain restricted locations can elevate the charge even for permit holders. The law does not require that the weapon be used or displayed. Simple possession in a concealed manner is sufficient for a charge.
Possession by a Convicted Felon (Va. Code § 18.2-308.2): It is a Class 6 felony for any person previously convicted of a felony to knowingly possess or transport a firearm. Virginia courts have interpreted “possession” broadly, including constructive possession. A firearm found in your home or vehicle may support a charge even if it is not physically on your person.
Use of a Firearm During a Felony (Va. Code § 18.2-53.1): This statute imposes mandatory minimum sentences when a firearm is used or displayed in the commission of certain felonies, including robbery, rape, and aggravated assault. A first offense carries a mandatory minimum of three years in prison, which must be served consecutively, meaning on top of any sentence for the underlying felony.
Possession of a Firearm While Possessing Drugs (Va. Code § 18.2-308.4): Possessing a firearm while simultaneously possessing certain controlled substances is a separate felony offense in Virginia. This charge frequently arises alongside drug charges and can significantly increase overall sentencing exposure.
Courts that handle gun cases in this area: Weapons charges in Glen Allen are typically handled in Henrico County General District Court or Henrico County Circuit Court, depending on the severity of the charge. Cases involving felony weapons offenses will proceed to the Circuit Court level.
Peters Law Firm regularly appears in courts throughout the Richmond region, including Henrico County, Chesterfield County, Hanover County, Goochland County, Spotsylvania County, and Stafford County, and jurisdictions as far as Greensville County, Brunswick County, Sussex County, Caroline County, Charlottesville, Williamsburg, and Louisa. Call (804) 572-8265 to confirm coverage for your specific jurisdiction.
The Legal Process: What to Expect After a Gun Charge
A firearms charge in Virginia moves through the court system in defined stages. Understanding what to expect at each one helps you make better decisions before the first hearing arrives.
- Arrest or summons: Depending on the offense, you may be arrested on the spot or issued a summons to appear in court. In either case, do not make statements to law enforcement about the firearm, how you obtained it, or where you were going. Anything you say can be used against you.
- Initial appearance and bond hearing: If you are held following an arrest, a bond hearing will be scheduled. The court will consider the nature of the charge, your criminal history, and ties to the community. An attorney can advocate for appropriate bond conditions at this stage.
- Preliminary hearing (for felony charges): In felony cases, a preliminary hearing is held in General District Court to determine whether probable cause exists to proceed to Circuit Court. This is a critical stage. It can expose weaknesses in the prosecution’s case and sometimes result in a charge being reduced or dismissed.
- Discovery and case review: Your attorney will obtain police reports, body camera footage, search warrant applications, and any other evidence the prosecution intends to use. In many weapons cases, the legality of the stop, search, or seizure is central to the defense.
- Pre-trial motions: Depending on the facts, your attorney may file motions to suppress evidence obtained through an unlawful search or seizure. A successful suppression motion can significantly weaken or eliminate the prosecution’s case.
- Negotiation or trial: Many weapons cases resolve through a negotiated plea that may reduce the charge or sentencing exposure. Where a negotiated resolution is not in your interest, the case proceeds to trial before a judge or jury. Peters Law Firm prepares every case as if it will go to trial.
- Sentencing: If convicted or if a plea is entered, sentencing follows. Virginia sentencing guidelines provide a range, but the judge retains discretion. Mitigating factors, including employment, community ties, and lack of prior record, can influence the outcome.
Schedule a case evaluation with Peters Law Firm at (804) 572-8265.
Gun Crime Cases Peters Law Firm Handles
Peters Law Firm defends a wide range of firearms and weapons charges throughout the Glen Allen area and across Virginia:
Unlawful concealment of a firearm: Carrying a concealed handgun without a valid Virginia Concealed Handgun Permit is one of the most common charges the firm handles. These cases often turn on whether the weapon was truly “concealed” under the law, whether the client held a valid permit from another state that carries reciprocity in Virginia, or whether the search that led to the discovery of the weapon was lawful. Each of these factors requires individual analysis. There is no standard defense that applies across the board.
Unlawful attempt to purchase a firearm: Attempting to purchase a firearm while prohibited from doing so (whether due to a prior felony conviction, an active protective order, a domestic violence conviction, or another disqualifying factor) is a separate criminal offense from unlawful possession. These charges frequently arise when a background check flags a disqualifying record the buyer may not have fully understood applied to them.
Illegal possession by a prohibited person: Clients with prior felony convictions, active protective orders, or domestic violence convictions may be legally prohibited from possessing a firearm, sometimes without a clear understanding of that prohibition. These cases require careful review of the prior conviction record, the nature of the possession alleged, and whether the evidence supports the constructive possession theory being advanced by the prosecution.
Firearms charges tied to another offense: A gun charge that accompanies an assault, drug, or robbery charge dramatically increases the potential sentence. In these cases, the weapons charge cannot be assessed in isolation. It must be addressed as part of an overall defense strategy for all counts. For more on how Peters Law Firm approaches multi-count cases, see the Criminal Defense overview page.
Brandishing a firearm (Va. Code § 18.2-282): Pointing, holding, or brandishing a firearm in a way that reasonably induces fear in another person is a criminal offense. These charges frequently arise from disputes where no one was physically harmed, but the presence of a firearm elevated the situation in the eyes of law enforcement.
Juvenile firearms offenses: Virginia law restricts firearm possession by minors in several contexts. Peters Law Firm represents minors and their families in juvenile firearms cases, with an understanding of how these charges interact with school disciplinary proceedings, custody arrangements, and future opportunities.
Federal firearms charges: Some weapons charges are prosecuted at the federal level, particularly those involving firearms trafficking, straw purchases, or weapons found during a federal investigation. Federal charges carry different sentencing structures and require an attorney familiar with federal court procedures.
Possible Outcomes in a Virginia Gun Case
The outcome of a weapons charge depends on the specific statute charged, your prior record, the quality of the evidence, and the strength of the defense strategy. No attorney can promise a specific result, but there are a range of outcomes that may be achievable depending on the facts of your case:
- Dismissal of charges: Possible where the evidence was obtained unlawfully or is legally insufficient.
- Reduction to a lesser charge: Such as reducing a felony weapons charge to a misdemeanor through negotiation.
- Deferred disposition or first-offender programs: Where available and appropriate, these may allow charges to be dismissed upon completion of conditions.
- Acquittal at trial: Where the prosecution cannot prove the elements of the offense beyond a reasonable doubt.
- Mitigated sentencing: Where conviction results but the sentence is reduced through demonstrated mitigating circumstances.
A weapons conviction, particularly a felony, can affect your employment, housing, immigration status, professional licenses, and right to possess firearms in the future. The full impact extends well beyond the immediate sentence. This is why the right defense strategy matters from the very beginning.
Results vary by case. Prior results do not guarantee a similar outcome in any future case.
Why Clients Retain Peters Law Firm for Gun Charges
A felony firearms conviction does not stay in the courtroom. It affects employment, housing, professional licensing, and the right to ever possess a firearm again. Rebecca Peters founded Peters Law Firm with that understanding built in, shaped by her background as a law clerk at a criminal defense firm. A defense strategy that addresses only the immediate charge is an incomplete one.
Dontae L. Buck, Esquire, spent years prosecuting cases as an Assistant Commonwealth’s Attorney, including weapons charges that arose alongside other criminal matters. That experience means the firm understands how the prosecution builds these cases and where they are vulnerable. Gabrielle Sandoval, Esquire, brings experience in protective order defense – directly relevant in cases where a firearms charge intersects with an active order that affects a client’s legal right to possess a weapon.
Every gun charge at Peters Law Firm is evaluated as part of the full picture: the criminal exposure, the collateral consequences, and what the outcome means for the client’s life beyond the courtroom.
Frequently Asked Questions About Gun Charges in Virginia
A first offense under Virginia Code § 18.2-308 is typically a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. A second offense is a Class 6 felony. The specific facts, including whether a valid out-of-state permit exists or whether the search was lawful, can significantly affect how the charge is handled.
In some cases, yes. Suppression of evidence obtained through an unlawful search, negotiated plea agreements, and first-offender programs may all result in a reduction or dismissal depending on the facts. There is no universal answer. Outcomes depend on the specific charge, prior record, and strength of the defense strategy.
A felony conviction, including a felony weapons charge, results in a permanent loss of firearm rights under both Virginia and federal law. Even some misdemeanor convictions, particularly those involving domestic violence, trigger a federal prohibition. Understanding the full consequences of a conviction is a critical part of evaluating any plea offer.
Misdemeanor weapons charges, such as a first-offense concealed carry violation, typically carry up to 12 months in jail and fines. Felony charges, such as possession by a convicted felon or use of a firearm in a felony, carry state prison exposure, often with mandatory minimums that must be served. Felonies also carry long-term consequences for employment, voting rights, and firearm ownership.
Virginia has reciprocity agreements with a number of other states, meaning a valid permit from a reciprocating state may allow you to legally carry a concealed handgun in Virginia. However, the terms of reciprocity are specific, and a permit that is valid in one context may not cover all situations. An attorney can assess whether your permit was legally valid in the circumstances of your charge.
For any charge beyond a minor traffic infraction, legal representation is strongly advisable. Weapons charges, even misdemeanors, carry potential jail time, fines, and a criminal record. Felony charges can result in state prison, permanent loss of firearm rights, and consequences that follow you for life. An attorney who knows Virginia firearms law and Henrico County courts can assess your options and develop a strategy specific to your case.
What Happens Next Depends on What You Do Now
A weapons charge in Henrico County moves faster than most people expect. The charge is on record, court dates are set, and the consequences of a conviction, on your record, your rights, and your future, begin the moment the case opens.
Peters Law Firm, PLLC reviews every aspect of your case from the start, building a defense around your specific charge, the facts of your arrest, and what is at stake if this goes the wrong way.