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Defending Gun Charges in Virginia 

Prosecuting gun charges in Fairfax is a task that requires specificity. The elements that somebody needs to prove to be convicted of a gun charge are going to depend on what that charge is. There is an array of firearm charges such as illegal modification, brandishing a weapon, unlawful discharge, and lying on a gun application. Generally, the elements will vary on a case-by-case basis. The prosecution must be specific in their approach in order to prosecute effectively.

When defending gun charges in Fairfax, it is equally important that an attorney is thorough in their approach to defending you. A distinguished gun lawyer will have enough familiarity with firearm charges so that they can look at the facts of your case and use defense strategies suited to your case. If you face gun charges, contact a skilled gun attorney who will fight for you.

Functional Definition of Gun in Virginia

If an attorney is defending gun charges in Fairfax, it is vital to remember that there is no statute that uses the word gun. Different statutes have different wording but Virginia law mostly refers to legislating the use of firearms as opposed to guns. Generally, a firearm is going to be described as a weapon that shoots a missile. There are all kinds of Virginia laws and Virginia statutes that talk about what missiles are, what qualifies as a certain type of firearm, and what is an assault weapon. A weapon becomes an assault weapon because it is physically built a certain way, and has a specific function that is different than that of more common weapons.

Definition As a Defense

Specific statutes are going to be limiting the ability to have certain types of firearms, and that is where it comes into play. When attorneys are defending gun charges in Fairfax, Attorneys attacking the definition of a gun happen, but it is based on leveraged statutory language and the specific statute the person is accused. For example, in the sawed-off shotgun statute, a sawed-off shotgun is going to have its own legal definition as opposed to if a person is accused of brandishing a firearm in general, which encompasses a much broader expanse.

Refuting Evidence

Common strategies for defending gun charges in Fairfax can be technical non-violation under the statute or the statute does not fit the charge. Lawyers can look for loopholes and technical arguments against the prosecutor’s case. It will be things like the prosecutor is interpreting this situation wrong, the prosecutor is interpreting the evidence correctly, or the prosecutor cannot be right in the way that he or she is interpreting this.

A lot of this is going to come from case law and previous decisions as well as the reading of the specific statute. Statutory interpretation plays a huge role in these types of cases such as determining if there is a legal definition that needs to be applied and has the court already ruled on this. There are many different ways to deal with this type of situation in the defense attorney’s approach to trying to prosecute the case. Most often, it is a situation about a defense attorney’s technical argument and taking a part of the prosecution’s definition or interpretation.

Role of an Attorney in a Gun Trial

Helping a client prepare for a gun-related trial is going to depend on what the case is. It is rare that a person would have somebody testify at trial for a very serious charge like this unless it is a situation where it is an alibi defense or a defense of statute that what the person did was not wrong under the statute. Otherwise, it does not make sense for an individual to be there testifying and speaking on their own behalf.

What is more likely to happen is that the attorney is going to be preparing the defendant for trial by talking to them about the questions that the witness will be asked and the technical defenses. For example, if an expert comes in to talk about what is or what is not a gun, it is something that would be another person coming in that a defense attorney is going to prepare for. The defense attorney will play a large role in this type of case. Instead, it is going to be an expert or a legal argument that what the defendant was doing is not something illegal under the law.

That is why it is important to contact an attorney with experience defending gun charges in Fairfax. An adept lawyer will know how to prepare the defendant for possible questions that they might face, as well as questions that may be asked of witnesses. A capable gun attorney can also use their knowledge of existing gun charge defense strategies to attempt to construct a solid defense for you.

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