Assault by Firearm
An assault with a firearm charge in Virginia is committed by pointing, holding or brandishing a firearm at another person or in public in a way that causes fear of bodily harm.
Proof of Assault with a Firearm Charge in Virginia
To convict an offender of an assault with a firearm charge in Virginia under Va. Code §18.2-282, the Commonwealth must prove an assault and that the assault occurred with a firearm.
Assault: An assault in Virginia is the apprehension of a harmful or offensive contact. Assault can occur if the offender threatened a harmful or offensive touching against the victim and had the apparent present ability to do so. The threat can be actual or implied. For more information on assault charges in Virginia, click here.
An assault with a firearm charge in Virginia is a specific form of assault. Assault with a firearm in Virginia is pointing, holding or brandishing a firearm in a way that reasonably induces fear in another person. The offense can also be committed by holding a firearm in a public place in a way that reasonably induces fear in another person of being injured or shot. For purposes of assault with a firearm in Virginia, fear means that the victim is apprehensive of bodily harm.
Firearm: For purposes of an assault with a firearm charge in Virginia under Va. Code §18.2-282, a firearm is defined as “any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material.” The firearm does not need to be operable or loaded to be convicted of assault with a firearm in Virginia. Even an object similar in appearance to a firearm can be proof of an assault with a firearm charge in Virginia.
For more information on firearms and firearm charges in Virginia, click here.
Multiple Counts of Assault with a Firearm Charge in Virginia
One act of pointing or brandishing can result in multiple charges of assault with a firearm in Virginia under Va. Code §18.2-282 if the act induced fear in several people.
Penalty for Assault with a Firearm Charge in Virginia
An assault with a firearm charge in Virginia is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500. However, if the assault with a firearm occurred on elementary, middle or high school property, or public property within 1,000 feet of school property, the offense is a Class 6 felony, punished with up to 5 years in prison.
Assault with a Firearm Charge in Virginia
§18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.