Concealed Weapons The Right Attorney Makes All The Difference

Virginia Beach Concealed Weapon Defense Attorney

Gun laws can be complicated. Sometimes you believe you are within your rights, only to find yourself facing a weapons charge. This can easily happen when someone has a concealed carry permit, as restrictions can fluctuate.

At The Law Offices of Daniel J. Miller, we are here to assist people who’ve been arrested for carrying a concealed weapon. With decades of combined experience, our team is ready to fight for your rights. We believe that everyone is innocent until proven guilty. No matter the charge, our team is ready to help preserve that innocence.

For a defense against concealed weapons charges in Virginia Beach, trust our firm to work hard for you. Call us today at (757) 267-4949 for a free consultation.

Virginia’s Concealed Firearm Penalties

Allegations of illegally carrying a firearm come with severe penalties.

In Virginia, those penalties climb the more you are accused.

  • 1st Offense:
    Class 1 misdemeanor (the highest misdemeanor in the state); 1 year in jail; fines up to $2,500
  • 2nd Offense:
    Class 6 felony; 1 to 5 years in prison; fines up to $2,500
  • 3rd Offense (or more):
    Class 5 felony; 1 to 10 years in prison; fines up to $2,500

Accused of Illegally Concealed Firearm While Having a Permit

Even if you have a right to carry a concealed firearm, simply moving from place to place can cause legal trouble. Across Virginia, it is illegal to carry a firearm in an airport terminal or a place of worship while in service.

However, individual municipalities can have their own restrictions. Traveling from one part of the state to another can invalidate your permit depending on where you are.

Specific counties or municipalities can restrict concealed carry permits in any public space, including:

  • Parks or squares
  • Community or other recreational centers
  • Buildings such as libraries, courthouses, and so on
  • Outdoor locations during state or city-permitted events

It’s easy to get confused about concealed carry laws when you’re passing through a town. You may be unaware of your current location’s codes and suddenly face an arrest. Our firm can help argue your innocence in court.

Intent is an important part of any criminal prosecution. It’s not enough to simply break the law through a technicality. Prosecutors must show that you willingly chose the wrong actions. We can help prepare a solid defense, showing that you believed you were in the right, unaware that you were violating local standards.

Defenses Against a Concealed Weapons Charge

With years of defense experience, our firm is aware of several strategies that can help your case.

Here are just a few examples.

  • Lack of Knowledge
    You were completely unaware that you had the weapon in the first place. Perhaps you borrowed a friend’s car or clothing, not realizing there was a weapon concealed within.
  • The Weapon Was Difficult to Access
    Even if you were carrying a weapon, you may have had it locked away under layers of clothing, straps, buttons, and clamps.
  • The Weapon Was Not Concealed
    If someone can easily see the weapon on your person, it is technically not hidden.
  • Lack of Intent
    As mentioned above, it’s possible to break the law completely by accident. People with concealed carry permits can make easy, technical errors, believing themselves to be perfectly following the law.
  • The Object Is Not Technically a Firearm
    The law can be meticulous about how it classifies firearms. It takes materials, barrel lengths, shoulder braces, and firing styles into account. If just one of these variables is different, your device may not be legally deemed a firearm. For instance, the amount of plastic in an object changes its classifications.

For help with your concealed weapon allegations in Virginia Beach trust The Law Offices of Daniel J. Miller. You can reach us onlineor call us today at (757) 267-4949.

Every Client Matters

Your Rights Deserve to Be Protected
  • Mr. Miller and his team helped me to get my reckless driving ticket dismissed!

    “Mr. Miller and his team helped me to get my reckless driving ticket dismissed!”

    - Mya F.
  • Great legal team.

    “Great legal team. Dan helped me with my divorce several years ago and I refer his office to others I know who need help.”

    - Eddie
  • Mr. Miller and his team have done nothing but great things for me.

    “Mr. Miller and his team have done nothing but great things for me. They are reliable and very friendly to work with. I am truly grateful for Mr. Miller and all the work he did for my case and ultimately getting me the results I hoped for.”

    - Krista S.
  • One of the best lawyers in Virginia Beach!!!

    “One of the best lawyers in Virginia Beach!!! My story didn't seem so promising I was about to get some years but Mr. Miller stepped in and got my case dismissed great guy and great lawyer please use him if u need a criminal lawyer!!!!!”

    - Katy B.
  • I will recommend them in a heartbeat!

    “They have been representing a case for someone I know. From the very beginning they have been responsive, thorough, and realistic. I will recommend them in a heartbeat, to anyone who is dealing with legal issues.”

    - Emily W.
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Case Results

A Track Record of Success
  • Protective Order Domestic Violence

    Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.

  • Pre Litigation Defense – Rape Sex Crimes

    Our client was the respondent of a protective order wherein the petitioner alleged that she was raped. She sought a two-year protective order and was seeking to have detectives assist in securing warrants against him. We suspect that the admissions made on cross-examination by the alleged victim at the hearing will prevent the Commonwealth from bringing any charges.

  • Protective Order Family Law

    Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.

  • Driving Under the Influence 4th Offense– Bond Hearing DUI

    Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.

  • Violation of Protective Order – Appeal Domestic Violence

    Our client was under a protective order to have no hostile contact with his family. The Commonwealth alleged that based upon several text exchanges that he had threatened his teenage children. Without the assistance of counsel, he received 90 days of active incarceration in lower Court. On appeal we were able to reduce his confinement to 24 hours – time served.

  • Breaking and Entering with Intent to Commit Misdemeanor Felony Defense

    Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.

  • Third Offense Petty Larceny Felony Defense

    Our client was charged with felony third offense petty larceny, which carries a maximum sentence of five years in the Virginia State Penitentiary. We were successful in negotiating a reduction to a misdemeanor petty larceny charge with no active jail time.

  • Possession of Marijuana- Appeal Drug Crimes

    Our client plead not guilty to a second offense possession of marijuana charge. We successfully argued that the Commonwealth had failed to prove constructive possession. The case was dismissed.

  • Driving Under the Influence DUI

    Our client was charged with driving under the influence after officers answered a call for service in a church parking lot. Eyewitnesses were able to testify as to the time of operation and identify the driver. Officers testified that they smelled alcohol coming from our client, that he was unsteady on his feet, and that he had not done well on his field sobriety tests. Video evidence secured from the church and bodycam footage did not support the testimony. The DUI charge was reduced to reckless driving.

  • Domestic Violence Domestic Violence

    Our client was alleged to have assaulted the girlfriend of her child’s father during an exchange of the child at a police precinct. Phone video evidence and inconsistencies in the Prosecutor’s witness testimony led to a dismissal of the charge.

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We Never Back Down
  • Personalized Attention for Each Client
  • A Proven Track Record of Results
  • Experienced & Knowledgeable Legal Advice
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