Weapons charges are very serious. However, like all charges, guilt must be established beyond reasonable doubt for a conviction.
If you have been charged with a weapons offense in Virginia, several defense options may be available. Here are some important points to consider.
Was the weapon really in your possession?
For an unlawful possession conviction to stand, the prosecution must show that you knowingly possessed the weapon. If the weapon was stored in a shared space and was not in your possession, then the prosecution may struggle to show that the weapon was knowingly under your control.
Was the weapon found during an unlawful search?
Law enforcement can conduct searches, but they must be lawful. The Fourth Amendment of the U.S. Constitution protects citizens from unlawful searches and seizures. If evidence, including an illegal weapon, was obtained during an unlawful search, then this is potentially a very strong defense.
For a search to be legal, the police generally need to present a valid search warrant. The only exceptions to this are if you consent to the search or there are exigent circumstances, such as a legitimate emergency.
Was the weapon brandished in self-defense?
In cases of legitimate self-defense, brandishing a weapon may be legally permitted. If you can show that a weapon was brandished to protect yourself from imminent harm, then you may be able to use the legal strategy of self-defense. Importantly, the threat must have been credible and your actions must be deemed to have been reasonable under the circumstances.
Weapons charges are serious, but you have a right to raise a legal defense. A charge does not automatically mean guilt, and you are innocent until guilt has been proven beyond all reasonable doubt. Seeking legal guidance will help you formulate the best possible defense strategy in your case.
