Deadly Weapon

A deadly weapon in Virginia is an instrument likely to produce great bodily harm or death from the way it is used. Knives and firearms are classic examples of a deadly weapon in Virginia. A firearm can be a deadly weapon even if it is unloaded or is inoperable. Other objects can be deadly weapons if they are used in a vicious or cruel way, such as if the victim is impelled into the object.

For more information on firearms in Virginia, click here.

Increased Penalties for Certain Crimes Involving A Deadly Weapon in Virginia

A number of crimes have increased penalties if the offender is armed with a deadly weapon.

Burglary

Burglary in Virginia (Va. Code §18.2-89) is a Class 3 felony, which is punished with 5-20 years in prison. However, if the offender is armed with a deadly weapon, the offense becomes a Class 2 felony, which is punished with 20 years up to life in prison.

For more information on Burglary in Virginia under Va. Code §18.2-89, click here.

Breaking and Entering

Breaking and Entering to Commit Murder, Rape, Robbery, Arson (Va. Code §18.2-90) is a Class 3 felony, punished with 5-20 years in prison. If the offender was armed with a deadly weapon at the time of the entry, the offense is a Class 2 felony, punished with 20 years up to life in prison.  

For more information on Breaking and Entering in Virginia to Commit Murder, Rape, Robbery, or Arson, click here.

Breaking and Entering to Larceny, Assault and Battery, or Other Felony (Va. Code §18.2-91) is punished with up to 20 years in prison. If the offender was armed with a deadly weapon at the time of the breaking and entering, he faces 20 years up to life in prison.

For more information on Breaking and Entering to Commit Larceny, Assault and Battery, or another felony, click here.

Breaking and Entering to Commit A Misdemeanor Other than Trespass or Assault and Battery (Va. Code §18.2-92) is a Class 6 felony, punished with up to 5 years in prison. However, if the offender was armed with a deadly weapon, the offense becomes a Class 2 felony, punished with 20 years up to life in prison.

For more information on Breaking and Entering in Virginia with the Intent to Commit a Misdemeanor, click here.

For more information on Breaking and Entering charges in Virginia, click here.

Other Crimes Involving A Firearm or Other Deadly Weapon in Virginia

Some Virginia crimes require use or possession of a firearm or other deadly weapon as an element of the crime. Additionally, some crimes in Virginia could be committed in one of many ways, including with a firearm or deadly weapon.

Bank Burglary

Bank Burglary in Virginia is Entering a Bank to Commit Larceny While Armed with a Deadly Weapon is a Class 2 felony, punished with a minimum of 20 years up to life in prison.

For more information on Bank Burglary in Virginia under Va. Code §18.2-93, click here.

Robbery

Robbery in Virginia (Va. Code §18.2-58) is stealing something from another person by using violence or intimidation. Presenting or threatening the victim with a firearm is one form of violence that can support a robbery conviction, and is punished with 5-20 years in prison. There are other ways Robbery can be committed in Virginia, and they have different punishments.

For more information on Robbery charges in Virginia, click here.

Unlawful Assembly

An unlawful assembly is a group of 3 or more people gathered together with the intent to commit acts of force or violence. Participation in an unlawful assembly is a Class 1 misdemeanor (Va. Code §18.2-406), which is punished with up to 12months in jail and a fine up to $2,500. However, if a member of an unlawful assembly carried a firearm or other deadly or dangerous weapon, he has committed a Class 5 felony, punished with up to 10 years in prison.

For more information on Unlawful Assembly in Virginia involving Carrying a Firearm or other deadly or dangerous weapon, click here.

For more information on Unlawful Assembly charges in Virginia, click here.

Riot

A riot is a group of 3 or more people who, acting together, unlawfully use force or violence and seriously jeopardizes public safety, peace or order. Participation in a riot is a misdemeanor, punished with up to 12 months in jail (Va. Code §18.2-405). If a member of a riot carries a firearm or other deadly weapon, he faces up to 10 years in prison.

For more information on Carrying a Firearm while Part of a Mob in Virginia, click here.

Unlawful Paramilitary Activity

Unlawful Paramilitary Activity in Virginia (Va. Code §18.2-433.2) is teaching someone to make a firearm, explosive, or technique capable of causing injury or death, knowing or having reason to know that the training will be used in furtherance of civil disorder. It is a Class 5 felony punished with up to 10 years in prison.

For more information on Unlawful Paramilitary Activity in Virginia, click here.

Malicious Wounding/Malicious Bodily Injury

Malicious Wounding or Bodily Injury (Va. Code §18.2-51) is the malicious shooting, stabbing, cutting, wounding, or causing bodily injury to another person with the intent to maim, disable, disfigure, or kill. These offenses are Class 3 felonies, punished with 5-20 years in prison. Use of a firearm is one of the ways the malicious wounding can be inflicted.

For more information on Malicious Wounding in Virginia, click here.

For more information on Malicious Bodily Injury in Virginia, click here.

For more information on malicious wounding and bodily injury charges in Virginia Va. Code §18.2-51, click here.

Unlawful Wounding/Bodily Injury

Unlawful Wounding or Unlawful Bodily Injury is the unlawful shooting, stabbing, cutting, wounding or causing injury tp another person with the intent to maim, disable, disfigure, or kill. Use of a firearm is one of the ways the malicious wounding can be inflicted. Unlawful Wounding and Unlawful Bodily Injury in Virginia are Class 6 felonies and are punished with up to 5 years in prison.

For more information on Unlawful Wounding and Bodily Injury in Virginia, click here.

For more information on Unlawful Wounding in Virginia, click here.

For more information on Unlawful Bodily Injury in Virginia, click here.

Aggravated Malicious Wounding

Aggravated Malicious Wounding (Va. Code §18.2-51.2) is the malicious shooting, stabbing, cutting or wounding of another person with intent to maim, disable, disfigure or kill resulting in severe injury and permanent and significant physical impairment. Use of a firearm is one of the ways the malicious wounding can be inflicted. This offense is punished with 20 years up to life in prison.

For more information on Aggravated Malicious Wounding charges in Virginia, click here.

Malicious Wounding by Mob

A mob is a group of people gathered unlawfully to commit an assault and battery or an act of violence. If one member of a mob commits a malicious or unlawful wounding, every member of the mob is responsible for the crime and can be charged with malicious wounding by mob (Va. Code §18.2-41).

For more information on Malicious Wounding by a Mob in Virginia (Va. Code §18.2-41), click here.

Malicious Wounding of Law-Enforcement Officer

Malicious Bodily Injury of a Law-Enforcement Officer or Rescue Personnel (Va. Code §18.2-51.1) is punished with 5-30 years in prison. There is mandatory minimum of two years in prison. Use of a firearm is one of the ways the malicious wounding can be inflicted (shoot, stab, cut, wound).

For more information on Malicious Bodily Injury of a Law-Enforcement Officer in Virginia, click here.

Unlawful Bodily Injury of a Law-Enforcement Officer is a Class 6 felony, punished with up to 5 years in prison. There is a mandatory minimum term of incarceration of 1 year.

For more information on Unlawful Bodily Injury of a Law-Enforcement Officer in Virginia, click here.

Carjacking

Carjacking in Virginia (Va. Code §18.2-58.1) is theft of a motor vehicle by violence and is punished with 15 years in prison. Threatening or presenting a firearm or other deadly weapon is one form of violence that can support a conviction for Carjacking in Virginia. If a firearm is used to accomplish the Carjacking, the offender can be charged with both Carjacking and Use of a Firearm in the Commission of a Felony (Va. Code §18.2-53.1).

For more information on Carjacking in Virginia, click here.

Crimes Involving Firearms

Virginia criminalizes a number of offenses involving the use or possession of firearms. Many of these offenses can be charged in addition to the underlying crimes for which the offender was using the firearm, and the offender can be sentenced to consecutive prison time.

Use of Firearm in Commission of Felony

Using a firearm to commit certain violent felonies in Virginia (Va. Code §18.2-53.1) is a separate crime with mandatory minimum, consecutive punishment. This means the person can be charged with, and convicted of, the underlying crime and the crime of Using a Firearm in the Commission of a Felony.

For more information on Using a Firearm to Commit a Felony in Virginia, click here.

Assault by Firearm

Assault by a firearm (holding a firearm in a manner likely induce fear in another person of being shot or injured) in Virginia (Va. Code §18.2-282) is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500. If the assault occurs on or near school property, the offense is a Class 6 felony.

For more information on Assault by a Firearm in Virginia, click here.

Possession of Firearm by Felon

Possession of a firearm by a felon in Virginia is a felony which can be punished with a mandatory minimum, consecutive prison sentence.

For more information on Possession of a Firearm by a Felon in Virginia, click here.

Brandishing a Firearm

Brandishing a firearm in Virginia (Va. Code §18.2-282) is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500. The offense is a Class 6 felony if the brandishing occurred on on or near school property.

For more information on Brandishing a Firearm in Virginia, click here.

Reckless Handling of Firearm

Reckless Handling of a Firearm in Virginia is handling a firearm in a way that endangers the life, limb or property of another person (Va. Code §18.2-56.1). It is a Class 1 misdemeanor. Reckless Handling of a Firearm that is so gross, wanton and culpable as to show a reckless disregard for human life and causes serious injury to another person resulting in permanent and significant physical impairment is a Class 6 felony.

For more information on Reckless Handling of a Firearm in Virginia, click here.

Possession of Firearm While Possessing Drugs

Possessing, using, or displaying a firearm in a threatening way while possessing a controlled substance or while distributing, manufacturing, or possessing a controlled substance or marijuana with intent to distribute is an additio

nal felony under Va. Code §18.2-308.4 that could be punished with mandatory minimum, consecutive prison time.

For more information on possessing, using, or displaying a firearm in a threatening manner in Virginia, click here.

conviction for third firearm offense felony

Shooting/Discharging Firearm

Virginia also criminalizes a number of acts related to discharging or shooting a firearm, including but not limited to the offenses listed below.

For more information on Discharging a Firearm in a Public Place, click here.

For more information on Shooting in or across a Road or Street, click here.

For more information on Shooting from Vehicles, click here.

For more general information on crimes related to discharging or shooting a firearm in Virginia, click here.

Possession/Purchase/Transfer Offenses

Virginia also criminalizes a number of offenses involving the possession or carrying of a firearm, including but not limited to the offenses listed below.

For more information on Carrying a Dangerous Weapon to a Place of Worship, click here.

For more information on Carrying a Weapon into a Courthouse, click here.

For more information on Carrying a Firearm into Capitol Square or a Building Owned or Leased by the Commonwealth

For more information on Carrying a Weapon in Airport Terminal

For more information on Carrying Loaded Firearm in Public Area

For more information on Possession or Use of Sawed-Off Shotgun

For more information on Posession of Fireamr on School Property

For more information on possession by non-citizen

For more information on purcahse possession by someone subject to protective order

For more information on purcahe of transrpotation by one convicted of certain drug offenses

For more information on Purchase, possession transport by those acquitted by reason of insanit

For more information on legally incompetent or mentally incapaciteated, nvoluntarily. admitted to outpatient treatment

For more information on substantial risk order

For more information on voluntary do not sell list

For more information on domestic assault

For more information on crimnal history check for transfe

For more information on these crimes, click here.

For more information on Firearm Possession Offenses in Virginia, click here.

For more information on Firearm Purchase Offenses in Virginia, click here.

For more information on Firearm Transfer Offenses in Virginia, click here.

Straw purchases

Selling Offenses

selling to person prohibited

criminal check of employees

to sell

Reporting Stolen Firearm

Use of Machine Gun for Crime of Violence

Use of Machine Gun for Agressive Purpose

Manufacturer and Dealer Register

Registration

Machine Guns

Sawed-Off Shotguns

Carrying Concealed Firearm

Violation of Carry Concealed

Receipt of Stolen Firearm

Buying or receiving a firearm known to be stolen or aiding in concealing a stolen firearm is a Class 6 felony (Va. Code §18.2-108.1).

For more information on Receipt of a Stolen Firearm in Virginia, click here.

Theft of Firearm

Theft of a Firearm in Virginia (Va. Code §18.2-95) is always charged as Grand Larceny and is a felony, regardless of the value of the firearm.

For more information on Theft of a Firearm in Virginia, click here.

Hunting with a Firearm While Under the Influence

(Va. Code §18.2-285)

Reckless Handling of a Firearm While Hunting

(Va. Code §18.2-56.1(B)),

Firearm Offenses Involving Minors

Recklessly Leaving Loaded Firearm Near Minor

(Va. Code §18.2-56.2(A))

possession of firearm by person under 18

providing handgun to minor

Allowing Child to Use Firearm without Adult Supervision

(Va. Code §18.2-56.2(B))

Setting Spring Gun or Other Deadly Weapon

(Va. Code §18.2-281).