Defending Gun Charges in Richmond
In order to be convicted of a gun charge in Richmond, Virginia, the officers need probable cause for the arrest and/or for the search that led to the gun charge. Next, they need to show that the use or the possession of the firearm was illegal and against Virginia law. Then, they need to show what sort of intent there was if there was intent to conceal the firearm, and/or if there was intent to use the firearm or discharge the firearm in illegal manner. A Richmond gun lawyer meanwhile can help those charged overcome these requirements using a variety of different methods. Therefore if you are charged, consult with an attorney today.
Limitations of the Second Amendment
The Second Amendment is not a sufficient defense in gun charges when it’s a matter of illegal possession. This includes if the individual charged is a convicted felon, if they are not legally allowed to own, possess, or transport a firearm, if they have a pending or ongoing protective order against them, if they’re not a legal resident, or they’re under the age of 18.
What is the Definition of a Gun in Richmond and How Can if Impact a Case?
The functional definition of a gun is very important during a gun case, in particular if it’s an antique weapon or if it’s something that is homemade or altered. The functional definition is an object that expels a projectile device by an explosion or combustion. Essentially, the firearm itself has to have the ability to do that. There are a lot of cases in the Richmond area where individuals have antique firearms that may not have the proper trigger mechanisms to discharge a projectile.
How An Attorney Can Help
With any gun charge, someone should hire an attorney. As open as Virginia is with its gun laws, a violation of these laws can be very severe. Any conviction for a gun charge will result in a criminal charge and there’s a possibility of jail and/or penitentiary-type sentences. You can also lose your ability to possess or transport a firearm in the state of Virginia, if you are convicted. It’s important to have an attorney, not only to defend your charge, but also to defend your rights down the road.
Can You Get a Diversion Agreement For a Gun Charge?
There are no diversion programs in the state of Virginia regarding these sorts of charges. However, in Richmond, so long as there are no drugs involved, there is no violent behavior involved, and if the individual has little to no criminal record, we may be able to get a charge dismissed and/or reduced if an individual agrees to forfeit their firearm.