Can Deadly Weapon Charges Be Dropped

A Woman Conceals a Gun in a Bag.

Can deadly weapons charges be dropped

If you’ve been arrested and accused of attacking someone with a gun or other weapon, or allegedly threatened to do so, you may be facing aggravated assault charges, or assault with a deadly weapon charges. Getting these charges dropped can be difficult, but like all criminal offenses, it is possible to get them dropped. You will want to consult with an attorney to work to get the charges dropped. You and your attorney will need to follow certain steps as outlined below. The attorney will assess and gather evidence to get the charges dropped or reduced.

How to get assault with a deadly weapon charges dropped? An attorney usually presents the following defenses to drop charges:

  • The defendant acted in self-defense. You make a case you were defending yourself from an attacker.
  • You have an alibi that proves you were not at the scene of the crime at the time of the assault.
  • You did not or do not own or possess a weapon or object that could be used as a weapon.
  • You are unable to inflict injury on a person.
  • The act was performed involuntarily or by accident.
  • Credibility of witnesses put into question. 

If you have been arrested and jailed on deadly weapon charges and need weapon charges bail in Halifax, VA, Danville, VA, and Chatham, VA, the team to call on is Affordable Bail Bonding. Not only do we offer deadly weapon charge bail, we can help you with any weapons violations or any other offenses. All you need to do is call us at 434-237-2245.

What are serious weapons charges?

Weapon charges vary from state to state, and each charge has a varying degree of seriousness. Many gun violations in Virginia, for instance, are often class 1 misdemeanors. If you have violated the state’s concealed gun laws, for example, and are convicted you could face up to 12 months in jail and/or get fined up $2,500. These punishments can increase if you’ve had prior convictions or have committed the violation while caught in the act of another criminal offense. If you are convicted of carrying a concealed weapon a second time, for instance, the charge increases to a class 6 felony with a penalty of one to five years in prison. You may still also face fines of up to $2,500.

What are federal weapons charge?

Federal weapon charges could involve any number of offenses from possession to use to sale of guns or other deadly weapons. While violations of state weapon laws are sometimes classified as misdemeanors, violating federal weapons laws normally increase the charge to felonies, and federal felony offenses normally are punishable at minimum with one year in prison. Usually, penalties are much more severe. 

Can I buy a gun on bail?

An arrest on weapon charges is not a conviction, however, it would be unwise to attempt to purchase a gun while out on bail, no matter the offense. If you have a prior felony conviction, you won’t be able to purchase a gun under Virginia law. Whenever you are filling out the paperwork to purchase a gun, please be honest about your criminal background. It could cause you and the seller problems later on. If you are facing pending criminal charges for felonies and some misdemeanors, you cannot have a concealed weapon on your person.

How much is bail for gun possession?

Common weapon charges in Virginia include violation of concealed weapons laws. In Virginia you must have a license to carry a concealed weapon. If you are caught carrying a concealed weapon without a permit, you’ll be charged with a class 1 misdemeanor for a first offense and a class 6 felony for a second offense. The bail amounts set for these offenses will be standard for such offenses or will be determined by the court, depending on factors like your past record and the risk of flight that you pose. Other violations include carrying a concealed gun while under the influence of alcohol, which is a class 4 misdemeanor and bail will be set accordingly.

What is the charge for having a gun?

Weapon charges vary for gun possession. For carrying a concealed weapon without a permit, you can be charged with a class 1 misdemeanor and face up to a year in jail and/or up to a $2,500 fine. If you’re under the influence of alcohol or a controlled substance that charge increases to a class 4 misdemeanor. If you have a prior felony conviction and are caught in possession of gun and have not had your gun rights restored, you can face class 6 felony charges, which has a penalty of one to five years in prison, along with associated fines.

Illegal gun sales charges

If you are selling a gun privately, you must be careful about who you’re selling the weapon to. You’ll want to keep track of the date of sale, the name and address of the buyer, and the make, model and serial number of the gun sold. You and the buyer must be a resident of Virginia. You may have some liability if the firearm is found at a crime scene. Before you sell the gun yourself, you may want to consider selling the weapon on consignment through a licensed dealer. This will ensure the sale is made to a lawfully eligible individual. If you sell to someone underage or with a felony conviction, you may face weapon charges. A person must be at least 18 to buy a rifle or shotgun and 21 to buy a handgun.

A Person in Handcuffs.

Call Today for Bail Help

If you are in jail on weapon charges in Halifax, VA, Danville, VA, and Chatham, VA and want to be bonded out, make sure to reach out to the professionals at Affordable Bail Bonding. We can help you get out of jail under most circumstances. Get help today by calling 434-237-2245.