Gun Crimes The Right Attorney Makes All The Difference

Gun Crimes Lawyer in Virginia Beach

Named to The National Trial Lawyers Top 100. Fighting Firearm Charges in Virginia Beach.

Virginia gun charges carry mandatory minimum prison sentences that judges can’t suspend. When the law removes that much discretion from the courtroom, the strategy your attorney builds in the first days of your case matters more than almost anything that follows. At The Law Offices of Daniel J. Miller, we apply our in-depth knowledge of Virginia Beach’s courts and legal principles to firearm cases from the moment you call us.

We represent clients facing weapons charges throughout Virginia Beach, Norfolk, Chesapeake, and Suffolk. Founder Daniel J. Miller was named to The National Trial Lawyers Top 100 Trial Lawyers based on courtroom performance and professional achievement. We listen to your objectives, tell you honestly what the law allows, and build a strategic action plan designed to resolve your case as efficiently as possible.

Gun charges move fast, and mandatory minimums leave no room for delay. Call The Law Offices of Daniel J. Miller now at (757) 267-4949 to discuss your case.

Virginia Firearm Charges We Defend

Virginia law creates several distinct weapons offenses, each with its own classification and sentencing range. Here are the most common charges we handle:

Felon in Possession of a Firearm
Under Virginia Code § 18.2-308.2, it’s unlawful for anyone previously convicted of a felony to knowingly possess or transport a firearm, ammunition, or a stun weapon. This charge is classified as a Class 6 felony, and prior felony history can trigger mandatory minimum sentences on top of that baseline.

Use of a Firearm in the Commission of a Felony
Virginia Code § 18.2-53.1 makes it a separate felony to use, attempt to use, or display a firearm in a threatening manner while committing or attempting to commit offenses such as murder, rape, robbery, carjacking, burglary, or abduction. This charge stands apart from the underlying felony and carries its own mandatory minimum sentence served consecutively.

Brandishing a Firearm
Virginia Code § 18.2-282 makes it a Class 1 misdemeanor to point, hold, or brandish a firearm in a manner that reasonably causes another person to fear for their safety. The charge escalates to a Class 6 felony when the conduct occurs on or within 1,000 feet of school property.

Concealed Carry Without a Permit
Carrying a concealed weapon without a valid permit under Virginia Code § 18.2-308 starts as a Class 1 misdemeanor for a first offense, increases to a Class 6 felony on a second offense, and becomes a Class 5 felony on a third or subsequent offense.

Penalties for Virginia Weapons Charges

The mandatory minimums attached to these offenses set a floor the court can’t go below. Understanding them is where a realistic defense strategy begins.

Felon in Possession

A person previously convicted of a violent felony faces a mandatory minimum five-year prison sentence under § 18.2-308.2. A person with any other felony conviction within the prior 10 years faces a mandatory minimum of two years, served consecutively to any other sentence imposed.

Use of a Firearm in a Felony

A first conviction under § 18.2-53.1 carries a mandatory minimum three-year sentence. A second or subsequent conviction requires a mandatory minimum of five years. Both are served separately from and consecutively to the sentence for the underlying felony, so the prison time stacks.

Brandishing & Concealed Carry

Brandishing under § 18.2-282 carries up to 12 months in jail and a $2,500 fine as a misdemeanor, with felony exposure added near school grounds. Concealed carry without a permit follows an escalating scale: misdemeanor on a first offense, Class 6 felony on a second, and Class 5 felony on a third or subsequent offense.

How Virginia Beach Courts Handle Gun Charges

Firearms cases flow through two courts depending on the charge level. The Virginia Beach General District Court handles misdemeanor trials, felony preliminary hearings, and bond hearings. Felony trials and appeals from the General District Court are heard in the Virginia Beach Circuit Court, which is the trial court of general jurisdiction for serious offenses. Any defendant charged with an offense carrying jail time has the right to a jury trial in Circuit Court. Knowing which court controls your case and when critical hearings occur shapes every decision we make on your behalf.

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Local Court Knowledge That Matters in Firearm Cases

Because mandatory minimum sentencing sets a floor the court can’t go below, the work done before trial carries more weight than in most other cases. Pretrial motions, the preliminary hearing, and early strategic decisions can change the trajectory of a case in ways that a last-minute argument at sentencing simply can’t. Our familiarity with how both the Virginia Beach General District Court and Circuit Court handle these cases lets us identify the right moves early and avoid the delays that cost clients time and money.

The Law Offices of Daniel J. Miller was recognized as a Best Law Firm in Criminal Law by the Hampton Roads Business Journal in its August 2025 edition. That recognition reflects the same approach we bring to every weapons charge: an honest assessment of the facts, a clear-eyed understanding of the applicable law, and a strategy built around your actual situation.

Defense Strategies in Firearms Cases

No two gun cases are identical. How police discovered the weapon, who had access to it, and what the accused was doing at the time all shape which defenses apply. Below are three issues we examine in nearly every case.

Fourth Amendment Search & Seizure Challenges

Evidence obtained through an unlawful search can be challenged through a motion to suppress under the Fourth Amendment. When police recovered a firearm during a stop, search, or entry that lacked proper legal justification, suppressing that evidence can significantly weaken the prosecution’s case.

Actual vs. Constructive Possession

Possession charges often turn on whether the accused actually held the weapon or is being charged under a theory of constructive possession, meaning they had knowledge of the firearm and the ability to exercise control over it. When a gun is found in a shared vehicle, a common area of a residence, or anywhere multiple people had access, the prosecution must prove that this particular defendant possessed it. That distinction is frequently central to these cases.

Self-Defense & Brandishing

Virginia’s brandishing statute under § 18.2-282 doesn’t apply to conduct that constitutes excusable or justifiable self-defense. If the circumstances support that argument, we develop the theory based on the specific facts of your situation.

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Consequences Beyond the Sentence

A gun crime conviction doesn’t end when incarceration does. A felony conviction results in the loss of firearm rights under Virginia law, and certain misdemeanor convictions can independently bar firearm possession under federal law regardless of how the state classifies the offense. These restrictions follow a person for years.

Restoring firearm rights after a felony conviction is a separate legal process. It requires first having civil rights restored, then petitioning the circuit court for a restoration order. The process is formal, time-consuming, and not guaranteed. We handle firearm rights restoration matters as well, though that process is distinct from the defense of the underlying charge. If you want to understand both what you’re facing now and what options may exist later, we can walk you through both.

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Read Our Client Testimonials

Clients facing weapons charges choose The Law Offices of Daniel J. Miller because we represent them with integrity and work toward the best possible outcome the facts and the law allow. We don’t overstate what we can do, and we don’t underestimate what’s at stake.

Contact Us About Your Virginia Beach Firearms Charge

Reach out to The Law Offices of Daniel J. Miller now to go over the charges, the applicable law, and your options. We’re available 24/7 and offer financing options for legal representation.

Call us at (757) 267-4949 to speak with our Virginia Beach criminal defense team about your firearms case today.

“I am forever grateful and will highly recommend him . Mr. Miller”
I hired Mr. Miller initially for a bond hearing . I decided to retain his services for the case itself . I was facing two felony charges as well as a failure to appear charge . While there were witnesses that were able to identify me, I walked out of Virginia Beach Courthouse with only a misdemeanor thanks to Mr. Miller's representation . I work in the healthcare profession and expressed to Mr. Miller the importance of avoiding a felony charge and he made it happen. I am forever grateful and will highly recommend him . Mr. Miller will always represent myself as well as family members if need be in the future . Again thank you Mr. Miller for using your knowledge to keep me from being a convicted felon and also saving my career.

- C. Dickens
“Would highly recommend you to anyone if asked for help.”
Mr Miller you're the man I appreciate advising me what to get for my case and getting my reckless driving ticket reduced. Would highly recommend you to anyone if asked for help.

- J. J
“His team was very helpful”
Mr. Miller and his team are a class act and helped me get out of situation I should of never been in. Mr. Miller is down to earth and listens to what you have to say. His team was very helpful with emailing me all the information I needed and keeping me up

- M. Wilder
“They were professional and their communication with me was nothing less then stella.”
I had to use their services three times in the past 20 years. I was completely satisfied with each time I was represented. They were professional and their communication with me was nothing less then stella. Their results was worth the price.

- K. Young
“Mr. Miller is an OG he's definitely earned my respect”
Mr. Miller is an OG he's definitely earned my respect, if I ever need an attorney again he'll be my first call.

- A. Miller
“Great service excellent information, affordable price and kind staff”
Great service excellent information, affordable price and kind staff who do their best to help you understand your situation

- M. Bags
“In a situation like that I feel that is the type of Lawyer you want in your defense.”
Thank you so much for representing my son. I appreciate how calm and reassuring Mr. Miller was. Although I was nervous about everything he always remained calm, and gave me the facts as he seen them. In a situation like that I feel that is the type of Lawyer you want in your defense. Thanks so much again

- C. Harris
“Very professional representation”
Very professional representation, Mr. Blair was very knowledgeable, prepared and friendly. On the off chance I ever need representation again, I will call this office.

- Bob A
“He looked out and made my case easier”
it’s a crazy experience having a lawyer but he looked out and made my case easier W firm for making sure i knew everything and W lawyer for making sure i took care of what made the case go smoothly

- A. Britton
“Your staff is excellent and the communication your staff provide is extraordinary.”
Thank you so much Mr Miller, I appreciate everything you done for me. Your staff is excellent and the communication your staff provide is extraordinary. You were always available when needed. Wish y’all nothing but SUCCESS!

- B. Gardner

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