The Constitutional Approach for Complicated Issues
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The Constitutional Approach for Complicated Issues
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When charged with a gun crime, you need a Virginia gun lawyer. Virginia has a whole host of firearms and weapons crimes that you may be charged with. Ambler Law Offices has experience defending these charges in multiple jurisdictions across the state. Below is just a small selection of some of the common crimes involving weapons that are charged in Virginia.
Materially False Statement to Obtain a Firearm; Virginia code 18.2-308.2:2 makes it a Class 5 felony to make a materially false statement in connection with obtaining a firearm using either state or federal forms. In order to convict you of this offense, the Commonwealth must prove that you willfully and intentionally made a false statement. Case law makes this easier than you might imagine for the Commonwealth to accomplish. However, the most frequent evidence used to win such a conviction are statements from the individual whose purchase was denied. If you have been denied the purchase of a firearm, do not wait to see if you are contacted or interviewed by the police. Reach out to the Virginia firearm lawyers at Ambler Law offices for assistance.
Brandishing-18.2-282 Although this is a common misconception, you do not need to point a firearm to be charged with brandishing in Virginia. The law covers both holding and pointing a firearm if it reasonably induces fear in the mind of another. Self-defense IS a defense to a brandishing charge. Contact a Virginia Firearms Lawyer at Ambler Law Offices so that we can help you understand how to handle a brandishing charge.
Reckless handling of firearms; reckless handling while hunting-18.2-56.1 It is illegal to handle recklessly any firearm so as to endanger the life, limb or property of any person. Any person violating this section shall be guilty of a Class 1 misdemeanor. If someone is harmed by your conduct, with the result of serious bodily injury, you may be charged with a Class 6 felony. Depending on your actions with this crime, you may wish to fight the charges on the basis that your actions were not in fact negligent, or minimize the charges through negotiations with the Commonwealth Attorney. Contact a Virginia gun lawyer at Ambler Law Offices to help you with this charge.
Concealed Weapons Charges-18.2-308 Virginia authorizes carrying of a concealed weapon without a permit under a variety of exceptions in the law. These exceptions can often be narrow and fact-specific. For example, exceptions exist for carrying a concealed weapon in the curtilage of your home. What is this area? How far from your house does it extend? Exceptions also exist for carrying a concealed weapon in a secured container within a motor vehicle or vessel in Virginia. What counts as a secured container? Did you know that a glove box can count, so long as it is latched? Contact a Virginia Firearms Lawyer at Ambler Law Offices for assistance fighting your concealed weapons charge.
Carrying in Restricted Areas (Airport, Courthouse)-18.2-287.01; 18.2-283.1 Most people charged with a crime for carrying into a restricted area make a common but honest mistake. They forget a gun in a bag or in their pocket. While you may have committed the crime itself, a skilled defense attorney may be able to mitigate the damage to your record. In addition, working with a Virginia Gun lawyer at Ambler Law Offices on a charge like this means preparation for the collateral consequences that are likely to occur with other penalties, such as TSA Notice of Violation letters and fines.
Discharging firearms or missiles within or at building or dwelling house-18.2-279 This is a serious crime, and an analysis of your intent will come into play. If a person maliciously discharges a firearm within any building when occupied by one or more persons in such a manner as to endanger the life or lives of such person or persons, or maliciously shoots at, or maliciously throws any missile at or against any dwelling house or other building when occupied by one or more persons, whereby the life or lives of any such person or persons may be put in peril, the person so offending is guilty of a Class 4 felony. Depending on the injuries involved, charges may be more serious. If the act is done unlawfully, but not maliciously, we may be able to reduce the charges against you. Often these cases occur as a result of an accidental discharge (or negligent discharge) Contact Ambler Law Offices so that a Virginia negligent discharge lawyer can assist with your case.
Shooting from vehicles so as to endanger persons-18.2-286.1 Any person who, while in or on a motor vehicle, intentionally discharges a firearm so as to create the risk of injury or death to another person or thereby cause another person to have a reasonable apprehension of injury or death shall be guilty of a Class 5 felony. There are several defenses available to this crime. Contact Ambler Law Offices to discuss what you may be able to use as a defense with an experienced Virginia gun rights lawyer.
Prohibited Conduct While Carrying a Weapon-18.2-308.012 It is unlawful and punishable as a class 1 misdemeanor for anyone with a Virginia Concealed Handgun Permit to be intoxicated why carrying a gun in public. Intoxication is not directly defined in the statute and may give you an avenue to fight this charge. However, it is also illegal for anyone who carries a concealed handgun into the premises of any restaurant or club licensed to sell or serve alcohol in Virginia to consume alcohol while on the premises. Violation is a Class 2 misdemeanor. If you are charged with consuming alcohol on public premises while carrying a firearm, it is not a defense to this crime to argue that you were not intoxicated. If you are charged with this crime, contact an experienced Virginia firearms lawyer at Ambler Law Offices.
Possession of Weapons after Involuntarily Committed to a Mental Health Facility-18.2-308.1:3 It is a Class 1 misdemeanor for an individual, who was involuntarily admitted to a facility or mandatory outpatient treatment or who was voluntarily admitted after being subject to a temporary detention order, to transport, possess, or purchase any firearm. If you have been charged with this offense, it is a serious crime and one that an experienced firearms lawyer can help with. Contact a Virginia gun rights lawyer at Ambler Law Offices to assist you with this charge.
Other Firearm Issues- The Virginia gun rights lawyers at Ambler Law Offices have experience dealing with restoration of firearms rights, appeals for Concealed Handgun Permit denials, Firearms trusts, and complications involving NFA items, as well as other weapons issues. Contact us today for a consultation.]
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