Virginia Beach Weapon & Gun Crime Lawyer
Reliable Criminal Defense Firm in Norfolk
Guns are a divisive issue. Virginia laws change every year. Most gun owners have a hard time keeping up with the changes. We also see gun charges as add-ons or aggravators of other criminal charges. Use of a Firearm in Commission of a Felony, can be added to each criminal charge and the mandatory minimum sentences they carry can stack on each other and create a nightmare scenario of lengthy prison terms.
A person with a prior felony record is prohibited from possessing a gun in Virginia. A conviction carries mandatory prison time. Law enforcement is aggressive about cases involving guns and there a lot of prosecutions for gun possessions. You need an experienced lawyer.
According to the U.S. Constitution, it is a fundamental right of American citizens to be able to both own firearms as well as defend themselves when facing a scenario that endangers the lives and well-being of themselves and their loved ones. However, due to actual cases of unlawful gun use, as well as many public media depictions of gun owners, there are times that legitimate use of weapons for self-defense become misconstrued or misinterpreted.
Recently, many careful, law-abiding owners of guns have found themselves wrongfully “under fire” by mistaken or exaggerated accusations. If you have discovered you are being accused in this manner, it is crucial to get the support of our seasoned weapon and gun crime attorney in Virginia Beach. At Hallauer Law Firm, we can fight with proven success to defend your human right to protect yourself and your family.
Call us now at (757) 474-0089 to talk to our criminal defense lawyer about preserving your Constitutional entitlement to bear arms, or contact us online. We’re also pleased to offer our services to those in Chesapeake, Hampton, Newport News, Suffolk, and Portsmouth.
Open Carry & Concealed Carry Laws in Virginia Beach
If you are over the age of 18, you may legally buy a shotgun or a rifle, so long as this is from a licensed dealer. However, to purchase a handgun, you must be 21 years of age or older. In the state of Virginia, it is entirely permissible to openly carry a gun, although it is crucial to have the right permits if you desire to have a concealed weapon. According to Virginia Law, even for just a first offense, you will be charged with a Class 1 misdemeanor for any violations of this code, and a Class 6 felony for a second occurrence.
Unfortunately, when it comes to firing a weapon, even in self-defense, Virginia gun laws can become very complex and even damaging toward the gun owner. According to § 18.2-279, firing a gun that places members of a building in peril, whether such action was malicious or intended, automatically can count as a Class 6 felony, or even involuntary manslaughter if someone dies at the scene. If the shooting occurs within close distance of a school, even if it is unoccupied, this offense instantly becomes a Class 4 felony.
The problem is that many of these laws do not take into account the circumstances of self-defense or the crucial moment when you must act to preserve the well-being of yourself and others. In these circumstances, you will need a criminal defense attorney to demonstrate that you not only have the right of defense, but in many cases, should be the one receiving support in dealing with the trauma of being attacked and forced to fight for your life.
Types of Gun & Weapon Charges in Norfolk
There are certain categories of crimes that gun owners and carriers tend to be accused of. Problematically, some of the laws concerning situations involving these weapons can be complex and murky.
These common categories include:
- Use of a Firearm in Commission of a Felony
- Possession of a Firearm While in Possession of Drugs
- Possession of a Firearm by a Convicted Felon
- The unlawful firing of guns
- Handling weapons, from knives to guns, in a reckless manner
- Possessing or shooting a gun in a prohibited location
- Having a “concealed” weapon
In many cases, the situation determining whether a gun is concealed, or whether a weapon has been handled recklessly, is completely up to interpretation. Our lawyer can support you in demonstrating your use of weapons was both within your legal rights and even necessary to protect yourself and others.
A Military Lawyer in a Military Town
As someone with years of military experience, our weapon and gun crime lawyer in Virginia Beach is uniquely equipped to defend your right to bear arms. What is more, at Hallauer Law Firm, we honor our military’s sacrifice by offering military discounts. However, everyone is entitled to a free consultation, as we want to make sure that your needs for justice are met.
Contact us now at (757) 474-0089 so that our criminal defense attorney can protect your ability to defend yourself.
Over 20+ Years of Experience
Our lead attorney has over two decades of experience helping clients throughout Hampton Roads.
Reserve JAG Officer & Former Prosecutor
Attorney Hallauer's unique experience as a JAG Officer and Prosecutor offers a strategic advantage to his clients.
As gratitude for their service, we offer discounts to all military members, dependents, and veterans.
Your initial consultation is always free and confidential.