Gun Crime Lawyer Virginia Beach — What Are Your Defense Options?
A firearms charge in Virginia Beach is a serious matter prosecuted under Va. Code Title 18.2, with penalties ranging from mandatory minimum prison sentences to permanent felony records. As a dedicated gun crime lawyer Virginia Beach, Law Offices Of SRIS, P.C. provides a strong defense against charges like possession by a felon, concealed carry violations, and use in a felony.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Virginia Gun Crime Laws and Penalties
Virginia law categorizes firearms offenses with severe consequences. Possession of a firearm by a convicted felon under Va. Code § 18.2-308.2 is a Class 6 felony, punishable by 1 to 5 years in prison, with a mandatory minimum of 2 years for certain prior convictions. Carrying a concealed weapon without a permit (Va. Code § 18.2-308) is a Class 1 misdemeanor, carrying up to 12 months in jail and a $2,500 fine. The use or display of a firearm in the commission of a felony (Va. Code § 18.2-53.1) adds a mandatory, consecutive prison term of 3 years for a first conviction.
For official statute text, refer to the Virginia firearms statutes (official Virginia General Assembly). Court procedures and filings are handled at the Virginia Beach General District Court website.
- Secure Immediate Legal Representation: Do not discuss the incident with law enforcement without an attorney present. Contact a lawyer immediately after arrest or upon receiving a summons.
- Case Analysis and Investigation: Your attorney will review all police reports, witness statements, and evidence to identify weaknesses in the prosecution’s case, such as Fourth Amendment violations.
- Pre-Trial Motions: File motions to suppress illegally obtained evidence or dismiss charges based on procedural errors or lack of probable cause.
- Negotiation or Trial: Based on the evidence, your attorney will negotiate for a reduction or dismissal of charges. If a fair plea cannot be reached, they will prepare a vigorous defense for trial.
Potential Penalties for Firearms Charges in Virginia Beach
In Virginia Beach, gun crimes carry severe penalties including mandatory prison time, hefty fines, and the permanent loss of your right to possess a firearm.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | 1-5 years (2-year mandatory min. for certain priors) | Up to $2,500 | N/A | Permanent felony record; permanent loss of firearm rights. |
| Carrying Concealed Weapon w/o Permit (Va. Code § 18.2-308) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible driver’s license suspension | Forfeiture of the weapon. |
| Use of Firearm in Commission of Felony (Va. Code § 18.2-53.1) | Separate Felony | Mandatory 3 years (consecutive to other sentences) | N/A | N/A | Sentence runs consecutively to punishment for the underlying felony. |
| Reckless Handling of Firearm (Va. Code § 18.2-56.1) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | N/A | Weapon forfeiture; enhanced penalties if injury results. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Beach Firearms Defense Team
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 firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand that a gun charge can alter your life, and we build defenses focused on protecting your rights, your freedom, and your future. Our “Advocacy Without Borders” philosophy means we are committed to your defense at every stage.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Our team, including Mr. Sris, founder and former prosecutor with a background in accounting and information systems, approaches complex gun cases with strategic precision. We examine every detail, from the initial police stop to evidence handling, to identify the strongest defense path for you.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients at the Virginia Beach courts. We are accessible via I-264, I-64, and Route 44. As a trusted gun charge defense lawyer Virginia Beach for communities like Sandbridge and Oceana, we offer 24/7 availability for consultations.
Frequently Asked Questions: Gun Charges in Virginia Beach
What should I do if I’m arrested on a gun charge in Virginia Beach?
Remain silent and ask for a lawyer immediately. Do not answer questions or make statements to police without an attorney present. Contact a gun crime lawyer Virginia Beach as soon as possible to begin building your defense.
Can I get a gun charge expunged in Virginia?
It depends. Virginia allows expungement only for charges that resulted in an acquittal, dismissal, or nolle prosequi (Va. Code § 19.2-392.2). A conviction for a firearms offense is generally not eligible for expungement, making a strong defense at trial or a favorable pre-trial resolution critically important.
What’s the difference between state and federal gun charges?
State charges are prosecuted under Virginia law in courts like Virginia Beach General District or Circuit Court. Federal charges are brought by U.S. Attorneys under federal statutes, often for crimes like felon in possession across state lines or firearms trafficking, and carry typically longer sentences in federal prison.
Do I need a lawyer for a misdemeanor gun charge?
Yes. Even a Class 1 misdemeanor like illegal concealed carry carries up to a year in jail, a permanent criminal record, and the loss of your right to own firearms. A firearms offense defense lawyer Virginia Beach can fight for a reduction or dismissal to avoid these consequences.
What are common defenses to gun charges?
Common defenses include challenging the legality of the search or seizure (Fourth Amendment), proving you were not in possession of the firearm, establishing you had a valid permit, or arguing mistaken identity. The specific defense depends entirely on the facts of your case.
For more information on related legal matters in our area, see our pages on Virginia Criminal Defense, Henrico County Criminal Defense, and Virginia Beach DUI Defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.