Arlington, VA Criminal Defense Attorney
Class 1 Misdemeanor charge for Brandishing a Firearm during an argument, under Va Law 18.2-282, is scheduled to be DISMISSED conditioned on 12 months of no new violations of law and on the destruction of the firearm used during the altercation.
Read more about Virginia firearm laws here: Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyer’s Explanation of Brandishing, Reckless Handling of a Firearm, and Hunting Offenses
Read more about Virginia firearms defense attorney Marina Medvin, who represented this client and achieved this result. Click to review all Firearms case results.
§ 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.
§ 18.2-11. Punishment for conviction of misdemeanor.The authorized punishments for conviction of a misdemeanor are:(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.