Colonial Heights Gun Penalties

Facing criminal charges could be overwhelming and frightening, especially if a person is unaware of the full ramifications and potential penalties of their actions. If you were charged with a criminal action involving a firearm, it might be beneficial to speak with an experienced lawyer about Colonial Heights gun penalties.

Navigating the legal system might be difficult, especially if you are underrepresented. However, a dedicated gun attorney could help to explain your rights and guide you through each step of the legal process.

Potential Penalties For a Firearm Offense in Colonial Heights

In Colonial Heights, potential penalties for a gun offense vary greatly depending on the specific circumstances of a charge, as well as whether or not it is the first offense. For example, a firearm charge involving a concealed carry — on a first offense —  is 12 months in jail and a fine of $2,500. On a second offense, however, this charge is elevated to five years in jail, as well as a fine of $2,500. Furthermore, on a third offense, a convicted individual could face ten years in jail and a fine of $2,500. Additional circumstances that might greatly impact a charge include possession with a prior conviction, as well as a firearm charge with a criminal record.

Firearm Offense With a Prior Felony

If someone is convicted of possessing a firearm after being previously found guilty of a felony, it is then considered a Class 6 felony and is punishable by a maximum penalty of up to five years in jail. However, this charge could be elevated if someone has been previously found guilty of a violent felony — such as robbery or murder — or if they are an adjudicated delinquent of someone who is considered a violent felon. If someone is subsequently convicted of possessing a firearm following these circumstances, the penalty could be elevated to a mandatory minimum of five years in jail.

Elevation for Penalties With a Previous Possession Charge

A gun charge could also be elevated — and complicated — if a person is found guilty of possessing a firearm after having previously been found guilty of a violent felony. If this is the case, a defendant could face a mandatory minimum sentence of five years. Additionally, a second mandatory minimum term might be applied if someone is found guilty of possessing a firearm as a felon, as well as having previously been convicted of possessing a firearm as a felon within ten years of a new charge.

Facing an additional charge within this ten-year span of a prior conviction for the same charge might result in an additional mandatory term of two years in jail. Because of the nuances and complications of this system, a defendant facing gun charges might benefit from speaking with a seasoned and knowledgeable attorney about their legal options if they are facing Colonial Heights gun penalties.

Punishments For Use of Firearms During a Crime

Use of a firearm in the commission of a felony is defined as the unlawful use or attempt to use a pistol, shotgun, rifle, or other firearms — or to display such weapon in a threatening manner — while committing or attempting to commit certain felonies. The list of eligible felonies include:

Additional and less frequent felonies that may be elevated by the use of a gun include malicious bodily injury to a law enforcement officer, aggravated malicious wounding, and malicious wounding by mob. If an individual uses a firearm in the commission of any of those felonies on a first conviction, they could face a mandatory minimum of three years in jail. However, a second conviction holds a mandatory minimum of five years in jail.

The Ramifications of a Conviction

One of the biggest long-term repercussions for a gun-related conviction a person could face is mandatory jail time. Additionally, a conviction for many of the above-listed crimes might mean that an individual is already considered a felon. Due to this legal status, charges — such as the possession of a firearm or the use of a firearm in the commission of a felony — could become instantly elevated and demand jail time. For the charges of an illegal concealed carry, a person might be subsequently considered a felon, thus losing their right to possess a firearm.

How An Attorney Might Help With Colonial Heights Gun Penalties

While you might feel unsure of how to proceed following a criminal charge, you have legal rights. If you were charged with any gun-related offense, you might benefit from contacting a steadfast attorney to assess your circumstances and explain any relevant Colonial Heights gun penalties.

An attorney who is knowledgeable with the legal system could guide you through each step, go over every detail of a case, work tirelessly to protect your freedom. To get started on your defense, call today.