A violation of this Subsection shall be punishable as a Class 3 misdemeanor. Appellant argues that we should employ the definition of firearm applicable to Code 18.2308.2 in assessing the sufficiency of the evidence for his conviction under Code 18.256.1(A). Read Section 18.2-56.1 - Reckless handling of firearms; reckless handling while hunting, Va. Code 18.2-56.1, see flags on bad law, and search Casetext's comprehensive legal database All State & Fed. B. Click below to generate an email in your email client. If found hunting, trapping or fishing during this prohibited period, the person shall be guilty of a Class 2 misdemeanor. Any person violating this section shall be guilty of a Class 1 misdemeanor. Under Virginia law, a Class 1 misdemeanor is punished by up to one year in jail and a $2500.00 fine. The trial court denied the second motion to strike without elaboration. Va Law 18.2-282. Such signs shall be placed where they can reasonably be seen. Crimes and Offenses Generally 18.2-56.1. Additional felony charges for firearm possession (18.2-308.4) and PWID Possession with Intent to Distribute (18.2-248, [], ARLINGTON, VIRGINIA: Class 1 misdemeanor offense of Reckless Handling of a Firearm under VA Code 18.2-56.1 will be DISMISSED conditioned on completing a gun safety course at the NRA and surrender of concealed carry permit for one year. Reckless handling of firearms; reckless handling while hunting. endobj A1. All rights reserved. 2023 LawServer Online, Inc. All rights reserved. 1977, c. 194; 1985, c. 182; 1991, c. 384; 2010, c. 183; 2011, c. 684; 2014, cc. A second violation is a Class 6 felony. It does not need to be operable, capable of being fired, or had the actual capacity to do serious harm.. The court granted the motion with regard to Code 18.2308.2 but denied it for the charge under Code 18.256.1(A), and convicted appellant .1. The clerk of the court shall notify the Department of Wildlife Resources as is provided in subsection C herein. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such person's hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. Section 18.2-56.1 (A). A. Fairfax County: 6-1-2. In Virginia, it is illegal to handle recklessly any firearm in such a way that endangers the life, limb, or property of another person. A1. 10-45. As a general proposition, an inoperable firearm will not endanger the life, limb, or property of another. C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Wildlife Resources (i) such persons revoked hunting or trapping license or notice that such persons privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. The word "reckless" as it appears in reckless handling of a firearm hasn't been defined by the legislature or courts in Virginia. Each shot fired or each discharge of a firearm creates a separate violation under Virginia law. While every effort is made to keep all information Current with changes through Ch. Code 18.2-56.1 (A) prohibits the reckless handling of a firearm "so as to endanger the life, limb or property of any person." The manifest purpose of Code 18.2-56.1 (A) is to prevent actual endangerment, not the mere appearance of endangerment. Nothing in this Subsection shall apply to: (i) recreational shooting on gun ranges at any public school operated by or with the approval of that school; (ii) recreational shooting on gun ranges at any public park operated by or with the approval of the owner of the park; (iii) shooting of a starting pistol at an athletic event on any public school grounds or public park and which is conducted with the approval granted by the owner of that school or park property; or (iv) lands within a national or state park or forest, or wildlife management area. Vienna Sec. Courthouse: United States District Court Eastern [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Class 1 Misdemeanor Carrying a Concealed Weapon Brass Knuckles (VA Code 18.2-308 metal knucks) was DROPPED at the first appearance. LEXIS 800 (Va.Ct.App. (c) For purposes of this section, the term firearm means any weapon in which ammunition may be used or discharged, by explosion, or pneumatic pressure. Vienna Sec. Arlington, VA Criminal Defense Attorney Case Result: Class 1 Misdemeanor charge for Brandishing a Firearmduring an argument, underVa 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. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein. This website does not constitute legal advice. Looking to hire anexperienced criminal defense attorneyfor Federal or Northern VirginiaFelony orMisdemeanor charges? The victim of a crime can be intimidated as much by a revolver that does not fire bullets as by one that does . The lawyers at Jurach, Tacey, & Quitiquit regularly handle serious criminal charges in criminal Courts around Virginia. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. Firearms, Missiles, Etc. Hunting while intoxicated is punished the same as driving while intoxicated. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 792 612] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Previous 18.2-55.1 Hazing of youth gang members unlawful; criminal liability; Next 18.2-56.1 Reckless handling of firearms; reckless handling while hunting; 18.2 Crimes And Offenses Generally; 4 Crimes Against The Person; 4 Assaults And Bodily Woundings 18.2-56 Hazing unlawful; civil and criminal liability; . Code 18.256.1(A) prohibits the reckless handling of a firearm so as to endanger the life, limb or property of any person. The manifest purpose of Code 18.256.1(A) is to prevent actual endangerment, not the mere appearance of endangerment. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. The Virginia Drug Law Firm of Jurach, Tacey & Quitiquit handled serious Juvenile Drug charges in Hanover recently. (c) It shall be unlawful for any person to shoot or hunt with a firearm on any public school ground or any public park or on any area within 100 yards of any public school ground or public park. He did not see a gun fire. 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. In addition to standard criminal penalties, upon conviction of a hunting, fishing, or trapping offense, a judge may also prohibit the accused from hunting, fishing, or trapping for a period of one to five years. The client was a young student with no criminal record. C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Game and Inland Fisheries (i) such persons revoked hunting or trapping license or notice that such persons privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. He said he was absolutely sure that it was a handgun. (3) a person. C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Game and Inland Fisheries (i) such persons revoked hunting or trapping license or notice that such persons privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. The Second Amendment provides that: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. This is part of our Constitution, our basic guiding principles. developed by the Free Law Code 18.256.1(A) simply requires that the firearm be handled in a reckless manner so as to endanger the life, limb or property of any person.. Any person violating this section shall be guilty of a Class 1 misdemeanor.A1. (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, or brandishing such firearm, or object which was similar in appearance to a firearm, with intent to induce fear in the mind of another. Ms. Medvin has represented numerous individuals in Alexandria, Fairfax, Arlington, Vienna, and Falls Church on various firearms charges. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Weapons; carrying concealed prohibited. As you can tell these charges are serious by their very nature. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Any violation of subsection A, B, or C shall constitute a Class 2 misdemeanor. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. (b) This section shall not apply to persons who are exempt from Code of Virginia, 18.2-308(A). A. Over the last few years our law firm decided to put an emphasis on working with clients who lost their rights to possess a firearm. Virginia law makes reckless handling of firearms a class 1 misdemeanor. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. A firearm is a deadly weapon without proof that it was operable or loaded. 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. Court opinions are provided by CourtListener, which is Lee recognized appellant because he was one of the store's regular customers. Excluded from the 30-day limitation: (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms. Contact Us to learn how we can help you. You have the right to remain silent, and you should not talk to the police without the advice and presence of your lawyer. Click below to generate an email in your email client. City of Fairfax: Sec. Virginia law prohibits the brandishing of a firearm under Va Law18.2-282. The Possession charge was DROPPED, which means the client did not [], FAIRFAX COUNTY, VIRGINIA: VA Code 18.2-250.1 was charged for possession of drug paraphernalia, 8 film containers of marijuana, and possession of a handgun in the same bag. D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such person's hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. . C. It shall be unlawful for any person to shoot a compound bow, crossbow, longbow, or recurve bowat or upon the property of another without permission. He argues that the evidence failed to prove that the object in question was a firearm as contemplated by Code 18.256.1. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. 1227(a) (2)(C) (firearms offense)7 If type of firearm is not included in federal definition (e.g. Upon receipt by the Central Criminal Records Exchange of a record of the arrest, conviction, or occurrence of any other event that would disqualify a person from obtaining a concealed handgun permit under 18.2-308.09, the Central Criminal Records Exchange shall notify the court having issued the permit of such disqualifying arrest, conviction, or other event. Clients weapons were returned to him and he was able to keep his hunting license. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. )Og'e7NcR7` Any person convicted of an offense that would disqualify that person from obtaining a permit under 18.2-308.09 or who violates subsection C of 18.2-308.02 shall forfeit his permit for a concealed handgun and surrender it to the court. The client was charged with Threat to Bomb or Burn(18.2-83) and Profane Language over the Telephone (18.2-427). The email address cannot be subscribed. Read more about Weapons Law here: Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyers Explanation of Brandishing, Reckless Handling of a Firearm, and Hunting Offenses. It [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Not Guilty plea to a Class 1 Misdemeanor charge for Carrying a Weapon into the DCA Ronald Reagan Airport under VA Code 18.2-287.01 (a concealed carry permitted firearm that was forgotten in luggage) resulted in a fine and surrender of weapon, no [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Class 1 Misdemeanor charge for Carrying a Concealed Weapon While Intoxicated under VA Code 18.2-308, and a related Drunk in Public Charge (Va Law 18.2-388, Arlington Code 17-7) were both DROPPED for insufficient evidence. Hunting is not a guaranteed right at this time. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. If youre reading this for anything important, you should double-check its 10-43. 2800 N Parham Rd #201, Any person permitted to carry a concealed handgun who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place can be found guilty of a Class 1 misdemeanor under Va. Code 18.2-308.012. A. B. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapons true nature. (6) Discharge of any firearm for the purpose of protecting any person from death or great bodily harm. 1977, c. 194; 1985, c. 182; 1991, c. 384; 2010, c. 183; 2011, c. 684; 2014, cc. Va Code 18.2-308.1: School property. (f) It shall be unlawful for any person to discharge any firearm from or across any highway, sidewalk or any public land except on a properly constructed target range. Written by an award-winning criminal defense attorney specializing in state and federal criminal law in the state and federal courts of Northern Virginia and Washington DC. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. Therefore, courts must apply the plain language of a statute unless the terms are ambiguous or applying the plain language would lead to an absurdity. All pistols, shotguns, rifles, dirks, bowie knives, switchblade knives, ballistic knives, razors, slingshots, brass or metal knucks, blackjacks, stun weapons, and other weapons used by any person in the commission of a criminal offense, shall, upon conviction of such person, be forfeited to the Commonwealth by order of the court trying the case. A. You can explore additional available newsletters here. . C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Wildlife Resources (i) such persons revoked hunting or trapping license or notice that such persons privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of . After some confusion on what this right really meant these days, in 2008, the Supreme Court in the monumental case of District of Columbia v. Heller, concluded that the Second Amendment guarantee[s] the individual right to possess and carry weapons in case of confrontation. The Supreme Court made a strong reinforcement as to the right to self-defense, which it described as the central component of the right itself. The Court labeled this core right as the right of law-abiding, responsible citizens to use arms in defense of hearth and home.. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein. Lee testified that appellant had a handgun. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Click to review Virginia's new gun control laws. Call us to inquire about eligibilityfor a free consultation. C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Game and Inland Fisheries (i) such persons revoked hunting or trapping license or notice that such persons privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. A. with them. It shall be unlawful for any person to fire or discharge any gun, pistol, or other firearm within the city, except: (1) By special permit issued by the city manager containing reasonable conditions or restrictions, upon written application showing good cause for the requested firing or discharge, and limited to guns, pistols, and other firearms loaded with a blank cartridge, or other ammunition, not resulting in the expulsion of a projectile; (2) On a shooting gallery or range authorized by the city; (3) By any law enforcement officer in discharging his duties; or (4) For the lawful protection of person or property; or (5) As otherwise permitted by applicable law. -fk$ASC>##j|LD1.Vem }_I$~ This law is violated by any form of reckless handling which endangers a person or property. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Age: 26. 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. Lee also responded, I don't know when asked if it was a squirt gun. He then heard two or three loud gunshots. This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Virginia, Title 18.2 - Crimes and Offenses Generally. Brandishing is a type of assault by showing of a firearm. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. Thus, the courts were left to interpret whether a butterfly knife is a weapon that cannot be concealed under the code section as the ones described above. Thus, in jury trials, as opposed to bench trials, the fact that verdicts may, on their face, arguably appear inconsistent does not provide a basis to reverse either conviction on appeal, provided the evidence is sufficient to support each verdict. Tyler v. Commonwealth, 21 Va.App. the reckless handling of a firearm), Va. Code 18.2-280 (2005) (making it illegal to hunt with a firearm while in-toxicated). Project. Concealed carry [], ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Trial for Impersonating Law Enforcement Officer, Brandishing a Firearm (VA Code 18.2-282), and Driving on a Suspended License, resulted in a NOT GUILTY finding for the Impersonating Law Enforcement charge and the Driving on Suspended charge, and no active jail time for the [], ARLINGTON, VIRGINIA: Class 1 misdemeanor charge for carrying a concealed weapon without a permit under VA Code 18.2-308 was AMENDED to a disorderly conduct charge with no active jail time, a fine, and weapon surrender. Client was able to keep his concealed carry permit. Contact us. The law states a person will be found guilty of a Class 1 misdemeanor ifany person, handle recklessly any firearm so as to endanger the life, limb or property of any person. 4 0 obj Firearms; discharge prohibited; exceptions. . The statute, however, does not specify that the firearm must be operable or capable of being fired. However, if firearms are in use on only a portion of any Parcel of Land which meets the acreage and other requirements of the term Parcel of Land, as defined by Section 6-1-1, then only that portion of that Parcel of Land on which firearms are used shall be posted with signs. In denying the first motion to strike, the trial court found that there existed a different standard for convictions under Code 18.2308.2 and 18.256.1. We serve Alexandria, Fairfax, Arlington & DC.Meetings by appointment only. Virginia may have more current or accurate information. 444, 579; 2020, c. 958. Gender: M. Race: WHITE. Any firearm, stun weapon as defined by 18.2-308.1, or any weapon concealed, possessed, transported or carried in violation of 18.2-283.1, 18.2-287.01, 18.2-287.4, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:4, 18.2-308.2, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.4, 18.2-308.5, 18.2-308.7, or 18.2-308.8 shall be forfeited to the Commonwealth and disposed of as provided in 19.2-386.29. C. The court shall revoke the permit of any individual for whom it would be unlawful to purchase, possess, or transport a firearm under 18.2-308.1:2 or 18.2-308.1:3, and shall promptly notify the State Police and the person whose permit was revoked of the revocation. (b) It shall be unlawful for any person to hunt with a firearm any bird or game animal on or within 100 yards from any primary or secondary highway. Copyright 2023, Thomson Reuters. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such person's hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. To contact us, pleasecomplete this formand well respond as soon as we are able. To be found guilty of the Felony the handling of the firearm must be in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment. of Client walked out [], Virginia Concealed Carry Permit Restrictions Virginia concealed carry law precludes the grant of concealed carry permits to individuals who have been found guilty / convicted of certain criminal offenses and even with those who have certain pending (not yet finalized) criminal charges. A. 444, 579. (e) Except for those persons who are on a Parcel of Land that is exempted in Appendix J and who hunt with shotguns loaded with multiple ball shot, it shall be unlawful for any person to hunt with a firearm which has a barrel caliber larger than a nominal 0.224 inches or to hunt with a firearm and ammunition combination having a muzzle energy greater than a .22 caliber rimfire cartridge. (d) It shall be unlawful for any person to hunt with a shotgun loaded with slugs. Under VA law, the following persons are disqualified [], Virginia Firearms Offenses Penalty Table Description of Offense Code Section Criminal Classification Maximum Imprisonment Maximum Fine Brandishing firearm Va. Code 18.2-282 Class 1 Misdemeanor 12 Months $2,500.00 Fine Brandishing near School Va. Code 18.2-282 Class 6 Felony 5 Years $2,500.00 Fine Reckless handling of firearm Va. Code 18.2-56.1 Class 1 [], ALEXANDRIA, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT Class 1 Misdemeanor charge for Reckless Handling of a Firearm in Alexandria, Virginia resulted in DROPPED charges. The court may also prohibit the convicted person from hunting, fishing, or trapping in the Commonwealth for a period of one to five years. We reverse appellant's conviction for reckless handling of a firearm. A. [], Virginia law defines a firearm as an instrument which was designed, made and intended to expel a projectile by means of an explosion. Accordingly, an object is a firearm for purposes of Code 18.2308.2 if it is an instrument which was designed, made, and intended to expel a projectile by means of an explosion. Id. The time was about 9:30 p.m., and it was dark outside. Va. Code 18.2-56.1. Disclaimer: These codes may not be the most recent version. Dec. 31, 1996). Booking Number: 23-001677. B. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. The offense is a Class 6 felony if the brandishing occurred on on or near school property. Va Code 18.2-287.01: Carrying weapon in air carrier airport terminal. Belowyou can read the language of18.2-56.1. Forfeiture of certain weapons used in commission of criminal offense. Vienna Sec. This is a Class 1 misdemeanor offense punished by up to a year in jail, a $2,500 fine, and revocation of a [], CRIMINAL DEFENSE ATTORNEY CASE RESULT ALEXANDRIA, VIRGINIA FEDERAL UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA: Federal Class A misdemeanor charge on the GW Parkway for unlawful carry of a concealed firearm and large quantity of additional ammunition (Va Code 18.2-308 incorporated into Federal law by 18 USC [], ALEXANDRIA, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: VA Code 18.2-32 Murder 1 indictment (penalty of 20 to life) for woman who called the Police and said that she shot and killed her husband was REDUCED to Murder 2 (penalty of 5 to 40 years) after defense attorneys motions to suppress [], ARLINGTON VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Misdemeanor Brandishing Firearm charges resulted in reduction of the charge to Simple Assault and agreed-upon DISMISSAL of the reduced charge after good behavior. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. Have you or someone you know been charged with Reckless Handling of a Firearm in violation of18.2-56.1 in Virginia?

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