Assault with a Firearm

Assault with a firearm in Virginia is 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 in Virginia

To convict an offender of assault with a firearm 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.

Assault with a firearm 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 a charge of assault with a firearm 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 assault with a firearm in Virginia.

For more information on firearms and firearm charges in Virginia, click here.

Multiple Counts of Assault with a Firearm 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 in Virginia

Assault with a firearm 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 in Virginia Statute

§18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.C. For purposes of this section, the word “firearm” means 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 word “ammunition,” as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.