Gun Crimes Lawyer Virginia Beach VA
757-337-2500
Working with a Gun Crimes Lawyer? You Can Trust in Virginia Beach, VA
Firearm charges in Virginia can carry serious penalties, even when no one was injured and no firearm was discharged. Whether you are accused of unlawfully possessing a firearm, using a firearm during the commission of another offense, carrying a concealed weapon without proper authorization, or possessing a firearm after a felony conviction, the consequences can include mandatory prison sentences, permanent loss of firearm rights, and a lasting criminal record.
Many firearm offenses are prosecuted aggressively throughout Virginia Beach and Hampton Roads. In many cases, prosecutors also seek enhanced penalties when a firearm is alleged to have been involved in another criminal offense. The outcome of these cases often depends on the facts surrounding the search, seizure, ownership, possession, and alleged use of the firearm.
At Invictus Law, we help people across the Hampton Roads region understand their options and build a real defense.
A gun crimes lawyer in Virginia knows how local prosecutors handle these charges. The Virginia Beach Circuit Court and General District Court both handle firearms cases, and each case’s path depends on the charge. So, whether you face a misdemeanor or a felony, the decisions made early in your case matter most.
Invictus Law focuses on criminal defense in Virginia Beach and the surrounding area, and our team is ready to look closely at the facts of your case.
The Basics of Virginia Firearm Offenses
Virginia has some of the nation’s toughest firearm laws. While the Commonwealth recognizes the right to own firearms, that right comes with significant legal restrictions. Depending on the circumstances, firearm offenses may be charged as misdemeanors or felonies, and many carry mandatory minimum sentences that judges cannot suspend.
A firearm charge may stand alone or accompany another criminal allegation. Because these cases often involve constitutional questions regarding searches, seizures, and possession, early legal representation can make a significant difference.
Factors That Can Complicate Firearm Cases
Every firearm case is unique. Several factors can significantly increase the seriousness of the charges or affect the defense strategy.
Prior Criminal Convictions
Previous felony convictions, certain misdemeanor convictions, or prior firearm offenses may lead to enhanced penalties or prohibit firearm possession altogether.
Firearms Used During Another Crime
Virginia law imposes severe mandatory penalties when prosecutors allege a firearm was used during the commission of another felony.
Possession Issues
Many cases involve disputes over actual possession versus constructive possession, particularly when firearms are discovered in vehicles or shared residences.
Illegal Searches
Firearms discovered during unlawful searches or traffic stops may be subject to suppression if law enforcement violated constitutional protections.
Federal Jurisdiction
Certain firearm offenses may be prosecuted in federal court, where sentencing guidelines and procedures differ significantly from Virginia state courts.
Key Legal and Personal Consequences
Mandatory Prison Time: Some gun crimes in Virginia carry required prison sentences. For example, a felon caught with a firearm can face a mandatory minimum of 5 years in prison.
Felony Charges
- Class 3 Felony: Firing a gun with intent to seriously harm or kill can mean 5 to 10 years in prison and fines up to $100,000 (Va. Code § 18.2-51).
- Class 5 or 6 Felony: Illegal gun possession or repeated unlawful carry can lead to up to 10 years in prison, depending on the charge.
Misdemeanors: Less serious offenses, such as a first unlawful concealed carry, can result in up to 12 months in jail and/or a fine of up to $2,500 (Va. Code § 18.2-308).
Loss of Rights: A conviction can result in the loss of important rights, including the right to own a gun, vote, and hold public office. Restoring these rights usually requires a formal legal process involving the courts and the Governor.
Types of Gun
Crimes We Handle
Types of Gun Crimes We Handle
Concealed Weapons
Virginia law regulates when and how a firearm may be carried in a concealed manner. We represent clients accused of unlawfully carrying a concealed weapon, permit-related violations, and other concealed firearm offenses.
Brandishing
Brandishing charges involve allegations that a firearm was displayed in a manner intended to reasonably induce fear in another person. These cases often depend heavily on witness testimony, context, and whether the firearm was displayed unlawfully.
Reckless Discharge of a Firearm
Discharging a firearm in a reckless manner can result in serious criminal charges, particularly when prosecutors allege that others were placed at risk. We carefully examine the circumstances surrounding the incident, witness accounts, and physical evidence to build a strong defense.
Possession of a Firearm on School Property
Virginia imposes strict restrictions on firearms in schools and certain educational facilities. Whether the allegation involves a student, visitor, or parent, these cases require careful analysis of the facts and applicable statutory exceptions.
Shooting into an Occupied Building or Vehicle
These serious felony charges carry the potential for lengthy prison sentences. Our attorneys investigate the evidence, challenge witness identification when appropriate, and examine whether prosecutors can prove every required element beyond a reasonable doubt.
Possession of a Firearm by a Convicted Felon
Individuals prohibited from possessing firearms face significant penalties if accused of violating Virginia law. These cases frequently involve disputes over possession, ownership, and whether the Commonwealth can establish that the accused knowingly possessed the firearm.
Armed Robbery
Robbery allegations involving a firearm are among the most serious criminal charges prosecuted in Virginia. These cases often involve mandatory sentencing provisions and require an aggressive defense that scrutinizes identification evidence, forensic evidence, witness credibility, and the prosecution’s overall theory of the case.
Possession of a Stolen Firearm
Possessing a firearm that is alleged to have been stolen may result in felony charges, particularly if prosecutors claim the individual knew or should have known the firearm was stolen. We investigate the chain of possession, ownership records, and the evidence supporting the Commonwealth’s allegations.
How Invictus Law
Can Help
Every firearm prosecution begins with evidence. Our role is to determine whether that evidence was lawfully obtained, accurately interpreted, and sufficient to prove the charges beyond a reasonable doubt.
Our defense strategy may include:
Challenging Illegal Searches
Examining traffic stops, search warrants, consent searches, and seizures for constitutional violations.
Investigating Possession
Determining whether the Commonwealth can actually prove ownership, possession, or control of the firearm.
Reviewing Forensic Evidence
Analyzing fingerprints, DNA evidence, ballistic reports, and other forensic evidence relied upon by prosecutors.
Challenging Witness Testimony
Evaluating witness credibility, conflicting statements, and identification issues.
Negotiating When Appropriate
Seeking reduced charges or alternative resolutions when doing so serves the client’s best interests.
Preparing Every Case for Trial
Building a comprehensive defense from the beginning while preparing for courtroom litigation if necessary.
What to Expect During a Firearm Case
Every criminal case follows its own path, but most firearm prosecutions include several important stages.
Investigation and Arrest
Law enforcement investigates the alleged offense and may obtain warrants or make an arrest.
Bond Hearing
The court determines whether release conditions or bond are appropriate.
Evidence Review
Your attorney obtains police reports, body camera footage, forensic evidence, and witness statements.
Defense Strategy Development
We identify legal issues, constitutional challenges, negotiation opportunities, and trial strategy.
Court Proceedings
Your case may involve preliminary hearings, motions, plea negotiations, or trial.
Resolution
Cases conclude through dismissal, negotiated resolution, acquittal, or sentencing depending on the facts and evidence.
Why You Want Invictus Law If You’re Facing Gun Charges in Virginia Beach
Gun crime prosecutions often move quickly, and the decisions made early in the case can significantly affect the outcome. Whether you are facing a misdemeanor firearm offense or a felony carrying mandatory prison time, you need a defense team that is prepared to act immediately and strategically.
We Build a Defense From Day One
We begin investigating the facts as soon as we are retained. Our attorneys review police reports, body-worn camera footage, witness statements, search procedures, forensic evidence, and every piece of information the Commonwealth intends to use against you.
We Challenge Constitutional Violations
Many firearm cases arise from traffic stops, vehicle searches, home searches, or other police encounters. We carefully examine whether law enforcement complied with the Fourth Amendment and seek to suppress evidence obtained through unlawful searches or seizures whenever appropriate.
Why Choose Invictus Law for Your Criminal Defense Matter?
Criminal defense is not a secondary practice area at Invictus Law. Our team focuses on defending individuals accused of crimes and navigating the serious collateral consequences that often follow criminal allegations.
Clients choose our firm because we provide:
Trial-ready preparation from the beginning of the case
Former prosecutor insight into how cases are investigated and prosecuted
Strategic defense planning tailored to the facts and risks involved
Clear and responsive communication throughout representation
A disciplined team approach focused on protecting your future
Experience handling state, federal, military, and security-clearance matters
What Makes Invictus Law Different
Focused Criminal Defense Practice
Our attorneys focus on criminal defense and understand the legal and practical consequences firearm charges can have on every aspect of your life.
Former Prosecutors
Our team includes former prosecutors who understand how firearm cases are investigated, evaluated, and prosecuted
Trial-Ready Representation
Every case is developed with trial preparation in mind, strengthening both negotiation and courtroom advocacy.
Hampton Roads Experience
We regularly represent clients throughout Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, Hampton, Newport News, and the surrounding courts.
Military and Security Clearance Experience
For active-duty military members, government employees, and security clearance holders, firearm convictions may create consequences extending well beyond criminal court. We understand how to identify and address those collateral issues.
Team-Based Representation
Rather than relying on a single attorney, our team works together to analyze evidence, develop legal strategy, and provide responsive communication throughout your case.
Our Attorneys
Each of our attorneys brings unique experience and perspective to the firm. Together, they collaborate on strategy, share ideas, and leverage one another’s strengths to help clients achieve the best possible outcome.
Rather than working in isolation, our attorneys regularly discuss complex legal issues, evaluate strategy, and draw upon one another’s courtroom experience. That means every client benefits from the collective knowledge of the firm—not just the experience of the attorney assigned to the case.
Eric Leckie
Founding Attorney. Marine Corps JAG. Former Prosecutor.
Founder of Invictus Law and a former United States Marine Corps Judge Advocate with over 23 years of trial experience in federal criminal defense, military law, and security clearance matters.
Shemeka Hankins
Former Prosecutor, Decorated Trial Attorney & Fearless Criminal Defense Lawyer
Partner. Former Prosecutor with the Virginia Beach and Norfolk Commonwealth Attorney's Office, recognized as a Super Lawyers Rising Star and Virginia State Bar Local Bar Leader of the Year.
Yolanda Beasley
Family Law and Trial Attorney. Certified Guardian ad Litem.
Virginia Beach native and certified Guardian ad Litem recognized as a Super Lawyers Rising Star (2023, 2024) and National Black Lawyers Top 40 Under 40.
Reviews & Results
Frequently Asked Questions
Can I be charged with a gun crime even if the gun wasn't mine?
Yes. Virginia law can hold you responsible for a firearm you controlled or had access to, even if you didn’t own it. A gun crimes lawyer in Virginia Beach, VA, can review the facts and challenge whether you truly had legal control of the weapon.
What happens if I have a concealed carry permit but still get charged?
A permit does not protect you from all gun charges. There are still rules about where you can carry and how you can carry. Violations can lead to permit suspension and criminal charges even for licensed gun owners.
Will a gun charge affect my security clearance?
A gun conviction can trigger a security clearance review and may result in denial or revocation, which is a serious concern in the Hampton Roads military community. Talk to a gun crimes lawyer right away if your clearance is at risk.
Can charges be dropped if police found the gun during an illegal search?
Evidence found during an unlawful search may be suppressed under the Fourth Amendment, which can weaken or end the case against you. Your attorney would file a motion to suppress and ask the court to throw out that evidence.
Does a first-time offense mean I'll avoid jail time?
Not always. Some gun charges in Virginia carry mandatory minimum sentences even for first offenses. Your outcome depends on the specific charge, your record, and how your case is built.
Legal Insights
