The Law Offices of Joseph T Brown PLC

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by Joseph Brown

Criminal Defense Attorney

Criminal Defense Attorney in Fredericksburg, Virginia

When you have been charged with a crime you need a criminal defense attorney to protect your rights and to help you obtain the best outcome possible. A criminal conviction can lead to prison and fines. A conviction can affect the rest of your life.  Since the stakes are high, you need an attorney who has the ability and experience to provide quality representation. You deserve a trial attorney who knows how to fight for you in the courtroom. You also need someone who knows how to negotiate for you. Finally, you need a criminal defense lawyer who sees you as more than just a client. Someone who will advise and assist you through the process, and who will take care of your needs and address your concerns.

We Are Here to Help You

Since 2001 the Law Offices of Joseph T. Brown PLC has been providing the high quality legal representation that you need. We will do every thing possible to obtain the best outcome for you, and to minimize the impact of your criminal charge. If your case requires a battle in the courtroom, we have the skills and experience to fight for you. If you are better served by reaching an agreement, we will provide highly effective negotiation for you. We have helped thousands of people, and we are ready to help you. There is hope, even when the situation seems hopeless. The Law Offices of Joseph T. Brown PLC provides the representation that you deserve when everything is on the line.

Our office is located in Fredericksburg, Virginia. We represent people charged with all felony and misdemeanor offenses.  We usually provide legal services in Stafford, Spotsylvania, Caroline, King George, Prince William, Fairfax, Hanover and Louisa courts.

Call Today for a Free Consultation for Criminal Charges

We provide free consultations for anyone seeking a criminal defense attorney. Call today at 540-786-7700 and discuss your case with Mr. Brown. Since the law is rarely black and white, there might be defenses or options that you haven’t considered. Even if everyone is telling you that you are going to jail, we can give you a second opinion. All criminal consultations are free and completely confidential.

feature photo by Phil Roeder

Filed Under: Criminal Tagged With: arrest, burglary, court, criminal law, distribution, drug offenses, drugs, dui, felony, felony process, firearms, jail, larceny, legal rights, misdemeanor, possession, probation violation, reckless driving, robbery, trial

by Joseph Brown

Firearms Charges in Virginia

 

Possession or Transportation of Firearm by Convicted Felon – Va. Code 18.2-308.2 – Prohibits possession of firearms by any person who has been convicted of a felony is guilty of a Class 6 Felony (up to 5 years in prison and up to $2,500 fine);

  • If the person was convicted of a violent felony, then they must serve a mandatory minimum sentence of 5 years;
  • If the person was convicted of a non-violent felony within the past 10 years, then they must serve a mandatory minimum sentence of 2 years.
  • This statute also provides that a person who has been convicted of a felony can petition the Circuit Court to have his privilege to possess or transport a firearm restored.

Using Firearm during Felony in Virginia

  • Shooting in Commission of a Felony – Va. Code 18.2-53 – makes it unlawful and a separate charge for shooting a person during the commission of another felony. This charge is punishable as a Class 6 Felony (up to 5 years in prison, up to $2,500 fine).
  • Use or display firearm during a felony – Va. Code 18.2-53.1 Makes a separate offense if a person uses, attempts to use, or displays a firearm in a threatening manner during the commission of one of the felonies that are listed in the statute. These felonies include, but are not limited to, murder, rape, robbery, carjacking, burglary, malicious wounding and abduction.
  • Violation of this statute results in a mandatory prison sentence of three years for a first conviction, and five years for a second or subsequent conviction. This mandatory time is required to run consecutively to any other sentence;
  • The Commonwealth does not have to give notice in advance that they seek enhanced punishment under this code section;
  • The first and second convictions that would trigger the increased punishment can occur with multiple convictions in the same trial.

Illegal Possession of Firearm in Virginia

  • Possession of Firearm or Weapon on School Property – Va. Code 18.2-308.1 – Weapons other than firearms that are possessed on school grounds is punishable as a Class 1 Misdemeanor (Up to 12 months in jail and up to $2,500 fine);
  • Possessing a firearm on school grounds in VIrginia is punishable as a Class 6 Felony (up to 5 years in jail and up to $2,500 fine).
  • If a person uses, or displays a firearm in a threatening manner on school grounds, a five year mandatory sentence is required, to be served consecutively with any other sentence. Purchase or transportation of firearm by persons under protective order – Va. Code 18.2-308.1:4 – A person who transports or purchases a firearm while they are subject to a protective order is guilty of a Class 1 Misdemeanor (up to 12 months in jail and up to $2,500 fine).
  • Possession of firearms with drugs – Va. Code 18.2-308.4 – A person who possesses any Schedule I or Schedule II controlled substance while possessing a firearm is guilty of a Class 6 Felony( up to 5 years in prison and up to $2,500 fine);
  • If the firearm is possessed on the person, there is a 2 year mandatory minimum sentence;
  • If the weapon is displayed in a threatening manner or used while the person is also distributing, manufacturing or possession with intent to distribute, of any Schedule I or Schedule II controlled substance, then a mandatory minimum sentence of five years is imposed.

Filed Under: Criminal Tagged With: court, criminal law, firearms, illegal possession, virginia

Give us a call to schedule a consultation

Call 540-786-7700 to schedule a consultation . We will schedule your consultation as soon as possible. Consultations for family law or civil matters are $200 for one half hour. Consultations for criminal matters are free. All consultations are completely confidential.

Your information will not be shared with third parties for any reason.

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Our Disclaimer

There are many pages in this website that are devoted to giving information about various topics in the law. This information is not meant to constitute legal advice and should not be considered legal advice for any reason. Anyone faced with a legal problem addressed in the pages of this site should contact the Law Offices of Joseph T. Brown PLC for a consultation.

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