Possession of Prohibited Dangerous Weapons In Virginia Beach
Under the same code section that deals with firearms, there are a number of weapons that are prohibited – nunchucks, throwing stars, a machete – unless the person is using it for work reasons, things that are explicitly listed – black jacks, batons, – in the code of Virginia and also certain types of knives that have long blades can be considered dangerous weapon.
Virginia Beach prosecution will have to prove that, first off, the weapon they are claiming is prohibited under the Virginia code section. The code section is very specific as to what is banned. If it is a knife where the blade is more than 12 inches long, they have to be able to show that the blade was that long. They then have to show that there was possession. Possession can either be actual or constructive but they have to demonstrate that the person had possession of it, if it was either on the person or that the person had the knowledge, dominion, and control over it.
Virginia Beach criminal lawyers are highly knowledgeable and experienced in dealing with prohibited weapons cases. If you are facing penalties for possessing a prohibited weapon consult a skilled criminal lawyer as soon as possible.
Common Charges
The most common ways individuals can be charged being pulled over for speeding or something’s wrong with their car and the officer sees that they have some weapon that they should not have. They then get charged for it.
It is rare that the dangerous weapon itself is the reason the officer is drawn to their attention. Sometimes, they see the person with something they should not have and they will stop the person. Usually, it is because the person is committing another crime and while they are investigating that crime, they find something the person shouldn’t have or something they should not be driving with. Then when the person is pulled over the police come across it. Dangerous weapons are treated like firearms in that they cannot be concealed or it is a misdemeanor.
Weapon Possession Consequences
If a person had a knowledge, dominion, and control, they can have what is called constructive possession. There are a couple of different ways this happens. The most common way is someone is driving and they had a weapon in their car and it is on a passenger’s seat or in the backseat. If the person is not holding it, it is not on them, but legally they are going to be deemed to have possession.
Assuming the person is not a felon and they have nothing else on their record, it is a Class 1 misdemeanor. It is punishable by up to 12 months in jail.
Assault With a Dangerous Weapon
A person can easily face charges of assault if they assault another with a dangerous weapon or attempt to. Virginia Beach does not have an assault with a deadly weapon statute like some other states have. A person could be charged with possession of that weapon and the punishment would be factored into it. Also, depending on what kind of injuries the person caused, charges could be felonies and the sentencing guidelines for that factor in whether a weapon was used. It would result in additional jail time if the person used such a weapon.
Conspiracy to Violate Weapon Laws
When at least two people had an agreement or a scheme to commit a crime under the Virginia Code Section, they can face charges for conspiracy to violate weapon laws. Conspiracies do not necessarily need to show that they had a written plan or had taken an overt act, that is under federal law, but they have to show that there was an agreement, a meeting of the mind between the person and at least one other person, to do something illegal and if there were specific firearms, to specifically violate a firearm law.
Contact an Attorney
These are serious charges that can lead to jail time. For a first violation, it is a misdemeanor. For a second violation, it is a Class 6 felony which is up to 5 years and a third violation is a Class 5 felony so it is up to 10 years. A person has to be careful about this, about carrying weapons that they shouldn’t have, and a lawyer could help a person minimize the damage here.
If you are facing penalties for possession of prohibited dangerous weapons, it would be in your best interest to consult with a skilled criminal lawyer as soon as possible.