The law characterizes dangerous weapons as weapons that have the sole purpose of hurting another person. This includes guns, spring-loaded knives, brass knuckles, and other items that are made for violence.
Not all dangerous weapons are prohibited in Fairfax County, but it is illegal to conceal them. When you are accused of possession of a prohibited dangerous weapon in Fairfax, other charges can stack up quickly and create serious consequences. Reach out to an experienced gun attorney for assistance.
One of the primary ways a person can be charged with a weapons violation in Fairfax County is simple possession in certain circumstances. For example, when someone conceals a dangerous weapon without a permit, they can be charged. In addition, an individual simply possessing a weapon while also in the possession of controlled substances can be charged with a felony and possession of a weapon while already being a convicted felon.
It is extremely common for individuals who are charged with dangerous weapons charges to also get charged with other offenses. In Fairfax County, weapon searches are usually accompanied by drug charges.
To convict a person of possession of a prohibited dangerous weapon, the prosecution simply has to show the person either possessed a weapon or they constructively possessed the weapon. Constructive possession means that while the person may not have had the weapon in their hand or their pocket, they still had the ability to exercise dominion and control over it.
The unlawful possession of a weapon is often a felony charge. The possession of a weapon while also in possession of controlled substances and the possession of a weapon as a convicted felon are both Class 6 felonies, punishable by up to five years in jail. If they are nonviolent felonies, it is two years of mandatory prison time; if they are violent in nature, it is five years mandatory prison time. Furthermore, concealing a dangerous weapon is a misdemeanor punishable by up to a year in jail.
A person who commits an assault with a dangerous weapon typically would be charged with a felony aggravated assault charge. “Aggravated malicious wounding” is a Class 2 felony, punishable by 20 years to life in prison.
Keep in mind that any conspiracy to commit a felony—including one involving a dangerous weapon—is also punishable as a felony. Anytime someone conspires to commit a crime that involves a weapon, they could be charged, convicted of a felony, and given jail time.
Anyone accused of possession of a prohibited dangerous weapon in Fairfax faces a serious charge that could result in jail or prison time. To protect your rights and safeguard your future during this difficult situation, it is important to work with a trusted defense attorney. Our team is here to evaluate your case, determine the best strategy, and minimize any effects. Contact us for a free consultation.
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