Concealed Weapon Lawyer Virginia Beach, VA
A charge of carrying a concealed weapon in Virginia Beach, Virginia, under Virginia Code § 18.2-308 can lead to a criminal record, jail time, and long-term consequences. Virginia’s concealed weapon statute classifies a first offense as a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine; a second or subsequent offense is a Class 6 felony, carrying a potential prison term of one to five years. In the Virginia Beach court system, misdemeanor cases are heard in the Virginia Beach General District Court, while felony concealed weapon charges proceed in the Virginia Beach Circuit Court. Mr. Sris and the attorneys at Law Offices Of SRIS, P.C. have represented many individuals facing concealed weapon allegations in the Virginia Beach area. To discuss your situation and defense options, contact the firm at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Concealed Weapon Charges Mean in Virginia Beach
Carrying a concealed weapon in Virginia Beach is governed by Va. Code § 18.2-308. The law makes it unlawful to carry a firearm or other prohibited weapon hidden from common observation without a valid concealed handgun permit. The Virginia Beach Commonwealth’s Attorney’s Office prosecutes these charges through the Virginia Beach General District Court for first-time misdemeanor offenses and through the Virginia Beach Circuit Court for felony-level cases.
The Virginia Beach General District Court, located at 2425 Nimmo Parkway, Building 10B, handles all misdemeanor trials and preliminary hearings for felony concealed weapon charges. If a case moves to the felony stage, the Virginia Beach Circuit Court has jurisdiction. The court will schedule hearings on its calendar, and the timeline for a case depends on the complexity of the matter and the court’s docket. A conviction for carrying a concealed weapon without a permit results in a permanent criminal record, potential loss of firearm rights, and, for a felony, the loss of certain civil rights.
A first-offense concealed weapon violation is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine; a second or subsequent offense is a Class 6 felony, carrying one to five years of imprisonment.
Source: Va. Code § 18.2-308. Virginia Code § 18.2-308
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Team Handle Concealed Weapon Cases
Mr. Sris and his team approach each concealed weapon case with a thorough review of the circumstances surrounding the arrest. Defense strategies often focus on whether the weapon was truly concealed or whether the defendant was within an exception, such as carrying the weapon in one’s own home or business. The team examines the initial stop and search for Fourth Amendment compliance, evaluates any statements made by the accused, and challenges the prosecution’s evidence where appropriate.
Mr. Sris’s own experience as a former prosecutor gives him insight into how the Commonwealth’s Attorney will build and present a concealed weapon case. The firm works to negotiate with the prosecution for a reduction or dismissal of the charge when possible, and, if a trial is necessary, prepares a well-prepared defense tailored to the facts.
About Mr. Sris and His Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who practices in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He founded the firm in 1997. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his team bring over 120 years of combined legal experience, supported by over 4,739 documented firm-wide results. Results may vary.
Frequently Asked Questions
How does a Virginia lawyer defend against concealed weapon charges?
An experienced defense attorney can challenge the evidence, examine whether the stop or search was lawful, and negotiate with the prosecution. Under Virginia Code § 18.2-308, a defense may argue that the weapon was not actually concealed or that the defendant fell within a statutory exception, such as carrying a weapon in his or her own dwelling or place of business. The specific facts of each case determine the most effective strategy.
What should I do if I am facing concealed weapon charges in Virginia Beach?
If you are charged with carrying a concealed weapon, remain silent about the facts of the case and contact a criminal defense attorney immediately. Do not discuss the incident with anyone except your lawyer. Preserve any relevant evidence, including witness contact information and documentation of your permit status. Early legal representation can help you understand your options and protect your rights.
What are the penalties for a concealed weapon conviction in Virginia?
Penalties depend on the offense classification. A first offense under Va. Code § 18.2-308 is a Class 1 misdemeanor, carrying up to 12 months in jail and a $2,500 fine. A second or subsequent offense is a Class 6 felony, punishable by one to five years in prison and a fine of up to $2,500. A felony conviction also results in the permanent loss of firearm rights and can affect employment and professional licenses.
Do I need a lawyer for a concealed weapon charge in Virginia Beach?
Yes. Even a misdemeanor concealed weapon charge can have serious long-term consequences, including a criminal record, jail time, and the loss of firearm rights. An experienced attorney can evaluate the strength of the prosecution’s case, identify procedural errors, and seek a reduction or dismissal of the charge. Without legal representation, you risk an avoidable conviction.
Can I get a concealed weapon charge expunged in Virginia Beach?
Expungement in Virginia is available for acquittals, dismissals, and nolle prosequi under Virginia law. Most convictions cannot be expunged. If your charge was dismissed or you were found not guilty, you may petition the Virginia Beach Circuit Court to expunge your police and court records. An attorney can guide you through the expungement process.
How does a concealed weapon charge affect my right to carry in the future?
A conviction for carrying a concealed weapon without a permit may disqualify you from obtaining a concealed handgun permit in Virginia. A felony concealed weapon conviction results in a federal firearms disability, prohibiting you from possessing any firearm under federal law. It is critical to contest the charge to preserve your firearm rights.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related criminal defense pages: Fairfax County Criminal Defense | Prince William County Criminal Defense | Manassas Criminal Defense
Virginia primary sources: Va. Code § 18.2-308 | Virginia Beach General District Court
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Case results depend on a variety of factors unique to each case.