Use of a Firearm in Crime of Violence Lawyer in Virginia
If you are charged with using a firearm during a crime of violence in Virginia, you face a mandatory minimum sentence of 5 years under 18 U.S.C. § 924(c), which must run consecutively to any other sentence. Law Offices Of SRIS, P.C. — Advocacy Without Borders — has extensive criminal defense experience in federal courts across Virginia, including the U.S.
Understanding 18 U.S.C. § 924(c) — Use of a Firearm in a Crime of Violence
Under 18 U.S.C. § 924(c), it is a federal crime to use, carry, or possess a firearm during and in relation to a crime of violence. A “crime of violence” is defined under 18 U.S.C. § 924(c)(3) as a felony that has as an element the use, attempted use, or threatened use of physical force against another person. This includes offenses such as robbery, kidnapping, assault with a deadly weapon, and certain drug trafficking crimes. The penalty for a first conviction is a mandatory minimum of 5 years in prison, which must be served consecutively to any other sentence imposed for the underlying crime. If the firearm is brandished, the minimum increases to 7 years; if discharged, 10 years. These charges are prosecuted by the U.S. Attorney’s Office in either the Eastern District of Virginia (headquartered in Alexandria and Richmond) or the Western District of Virginia (headquartered in Roanoke). Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience.
Last verified: May 2026 | U.S. District Court for the Eastern District of Virginia | 18 U.S.C. § 924(c) (Cornell LII)
Official Government Resources
For the full text of the federal statute governing use of a firearm in a crime of violence, visit: 18 U.S.C. § 924(c) (U.S. Department of Justice — official site).
For information on federal sentencing guidelines for firearms offenses, visit: U.S. Sentencing Commission Guidelines (official site).
Insider Perspective on Federal Firearm Charges in Virginia
In the U.S. District Court for the Eastern District of Virginia, prosecutors routinely seek the maximum mandatory minimum sentences under 18 U.S.C. § 924(c). We have observed that the government often files these charges in conjunction with predicate offenses like robbery or drug trafficking to trigger the consecutive sentencing requirement.
- Remain silent and do not discuss your case with anyone except your attorney.
- Contact a 924c charge defense lawyer Virginia immediately to protect your rights.
- Preserve all evidence, including communications and documents related to the alleged incident.
- Review the indictment with your attorney to determine whether the predicate offense qualifies as a crime of violence.
- Develop a defense strategy that may include challenging the search, the predicate offense, or negotiating a plea.
- Prepare for trial or plea negotiations under the Speedy Trial Act timeline.
Penalties for Use of a Firearm in a Crime of Violence in Virginia
In Virginia, use of a firearm in a crime of violence under 18 U.S.C. § 924(c) carries mandatory minimum sentences that must run consecutively to any other sentence imposed for the underlying crime.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Use of a Firearm During a Crime of Violence (First Offense) | Federal Felony | Mandatory minimum 5 years (consecutive) | Up to $250,000 | Federal firearms prohibition | No parole in federal system; supervised release up to 5 years |
| Brandishing a Firearm During a Crime of Violence | Federal Felony | Mandatory minimum 7 years (consecutive) | Up to $250,000 | Federal firearms prohibition | No parole; supervised release up to 5 years |
| Discharging a Firearm During a Crime of Violence | Federal Felony | Mandatory minimum 10 years (consecutive) | Up to $250,000 | Federal firearms prohibition | No parole; supervised release up to 5 years |
| Second or Subsequent Conviction | Federal Felony | Mandatory minimum 25 years (consecutive) | Up to $250,000 | Federal firearms prohibition | No parole; supervised release up to 5 years |
Results may vary. Case results depend on a variety of factors unique to each case.
Why Choose Law Offices Of SRIS, P.C. for Your Federal Firearm Defense?
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Our firm has handled numerous federal criminal cases involving firearms and crimes of violence, providing clients with strategic defense in both the Eastern and Western Districts of Virginia. As a gun enhancement defense lawyer Virginia, we understand the details of 18 U.S.C. § 924(c) and work to protect your rights at every stage of the proceedings.
Your Legal Team
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Case Results
Law Offices Of SRIS, P.C. has extensive criminal defense experience in Virginia, including federal firearm cases. Firm-wide across VA, MD, DC, NY and NJ, the firm has 4,739+ documented results with a favorable-outcome rate above 93%. Results may vary.
Our Location and Service Area
Our location in Richmond is approximately 70 miles from the U.S. District Court for the Eastern District of Virginia in Richmond, with access via I-64 and I-95. We serve clients throughout Virginia, including the communities of Richmond, Fairfax, Arlington, Alexandria, Norfolk, Virginia Beach, Roanoke, and all other cities and counties.
If you need a use of a firearm in crime of violence lawyer near Virginia, we are here to help. Serving the communities of all Virginia cities and counties.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Drive, Suite 300, Room 395
Richmond, VA 23225
(804) 201-9009
Frequently Asked Questions About Use of a Firearm in Crime of Violence Charges in Virginia
What is the penalty for use of a firearm in a crime of violence in Virginia?
Under 18 U.S.C. § 924(c), a conviction for using a firearm during a crime of violence carries a mandatory minimum sentence of 5 years for a first offense, which must run consecutively to any other sentence. If the firearm is brandished, the minimum increases to 7 years; if discharged, 10 years. These penalties apply in federal courts such as the U.S. District Court for the Eastern District of Virginia or the Western District of Virginia.
Yes. Under 18 U.S.C. § 924(c), the mandatory minimum sentence is 5 years for a first offense, running consecutively to any other sentence.
How does a Virginia lawyer defend against use of a firearm in crime of violence charges?
Defense strategies for use of a firearm in crime of violence in Virginia may include challenging the legality of the search or seizure, questioning whether the predicate offense qualifies as a crime of violence under 18 U.S.C. § 924(c), negotiating with the U.S. Attorney’s Office, and presenting mitigating factors. An experienced federal criminal defense attorney evaluates the specific facts under 18 U.S.C. § 922 et seq. to build the strongest possible defense.
It depends. Defense strategies may include challenging the predicate offense or negotiating with prosecutors.
What should I do if I am facing use of a firearm in crime of violence charges in Virginia?
If facing use of a firearm in crime of violence charges in Virginia, contact a federal criminal attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The Speedy Trial Act requires indictment within 30 days of arrest and trial within 70 days of indictment, so prompt action is critical.
Contact a federal criminal attorney immediately and do not discuss your case with anyone except your lawyer.
Can a 924(c) charge be reduced or dismissed in Virginia?
Yes. A 924(c) charge defense lawyer Virginia may seek dismissal or reduction by challenging whether the underlying offense qualifies as a crime of violence, arguing that the firearm was not used in furtherance of the crime, or negotiating a plea agreement with the U.S. Attorney’s Office. Federal conviction rates exceed 90%, but experienced counsel can identify procedural or factual weaknesses.
Yes. An experienced attorney can challenge the predicate offense or negotiate with prosecutors for a favorable outcome.
Related Practice Areas and Locations
For more information on federal criminal defense in Virginia, visit our Conspiracy to Commit an Offense lawyer Virginia page.
Explore related topics: Conspiracy to Commit an Offense lawyer Caroline County and Conspiracy to Commit an Offense lawyer Chesapeake.
See also: Confidentiality Agreement Lawyer Virginia and Debt Collection Lawyer Virginia.
Last verified: May 2026. This page was generated on 2026-05-02.