There are a lot of different words that all mean “stealing” – theft, shoplifting, larceny, grand larceny… It really all comes down to “taking something that isn’t yours”.
What does Virginia law say about that? What can you expect if you are charged with theft? Is stealing a felony?
We have all these answers and more.

 

Theft, According to the Law

The Commonwealth of Virginia defines theft as the removal of an item or money that belongs to someone else, without permission or the intent of returning it. Formally, the Code calls theft “larceny”; the Code also criminalizes “shoplifting” or “concealment” which are particular forms of larceny and which we will talk about later in this post.

 

Grand Larceny, or Felony Theft

Larceny can be either a misdemeanor or a felony, depending on the value of the property taken. For many, many years in Virginia, the dividing line between a misdemeanor and a felony, when talking about theft, was the value of $200. As a result, as the value of property rose with inflation, more and more stolen items (think of a new leather jacket, for example) jumped from a misdemeanor to a felony-level crime merely with the passage of time.

Finally, in 2018, the General Assembly raised the threshold amount to $500, and in 2020 they increased the amount again, this time to $1000. So today in Virginia, theft of an item or money valued at less than $1000 is petit larceny, a misdemeanor. Stealing property valued at $1000 or more is grand larceny, a felony.

Grand larceny also includes stealing something valued at $5 or more from the person of another (think purse snatching) and also includes stealing a firearm of any value.

 

 

Penalties for Theft

If you are charged with stealing something up to $1,000 in value, you will be charged with petit larceny which is a Class 1 Misdemeanor. If convicted, you will face up to 12 months in jail and/or a $2,500 fine.
You may also be charged with petit larceny if you stole something worth less than $5 directly off of a person.

• First time misdemeanor charges for petit larceny sometimes (but don’t necessarily) result in probation or deferred disposition. Even if you serve no jail time, a conviction will remain on your record and may make it harder to get and/or keep a job because all forms of larceny are crimes of moral turpitude.
• A second charge for petit larceny is more likely to result in jail time, and conviction of a third offense petit larceny is a felony even though the value is less than $1000. If convicted of felony third offense petit larceny, you could be sentenced to up to five years in prison.
• We recommend contacting your local Harrisonburg attorneys no matter how many times you’ve been charged, to help you avoid the maximum penalty.

If you are convicted of grand larceny–that is, stealing something over $1,000 in value; or stealing something valued at $5 or more from the person of another; or stealing a firearm of any value–you will face a sentence of up to 20 years in prison. Felony convictions carry with them additional penalties including loss of valuable civil rights, and a felony record can make it harder to obtain employment.

• There are additional larceny statutes that criminalize specific acts related to stealing:
• If you are convicted with stealing anything worth $1000 or more with the intent to sell it to another person/buyer, you could be charged with a separate felony grand larceny offense and face an additional 20 years in prison.
• If you buy or receive stolen property knowing that it has been stolen by someone else, you face the same penalties as the thief.
• Interestingly, removing a shopping cart from the premises of a store without permission is not larceny but is a misdemeanor with a maximum penalty of a $500 fine.
• Stealing animals valued at $1000 or more can be punished by up to ten years in prison; stealing lesser animals is also a felony in Virginia, punishable by up to five years.
• Embezzlement is a form of larceny where a person steals property that was entrusted to him by the owner of the property, often his employer.

 

What About Shoplifting? Is Shoplifting a Felony?

Shoplifting is a form of larceny and like other larcenies in Virginia carries the same weight and penalties as we discussed above. If you are caught shoplifting something valued at $1,000 or less, you will be charged with a misdemeanor. If you are caught shoplifting something with a value over $1,000, you will be charged with a felony.

Shoplifting generally is just walking out past the store checkout with unpaid merchandise, once again taking property without authority to do so and with the intent to keep it. It can also include changing sticker prices so that you pay less than the value of the merchandise.

You can also be charged with shoplifting if you are caught concealing items while still inside the store. So if you put something in your bag or under your coat with the intent to steal it, you can be charged just as if you actually had stolen it. The legal issue though, is whether you intended to steal the item at the time you concealed it, and often a person can defend such a case on the ground that they were going to pull the item out and pay for it before leaving the store. That is why most store employees are trained to refrain from confronting a shopper with concealed merchandise until after the shopper has passed all opportunities to pay for the concealed item, rendering claims that the shopper intended to pay for the item less believable.

 

I’ve Been Charged with Theft – What Now?

 

Charges of stealing, both misdemeanors and felonies, need to be taken seriously, especially because they can result in extended jail or prison time both now and, importantly, down the road after multiple convictions. If you’ve been caught stealing something, if you are facing larceny charges, then you need a great defense lawyer who understands where you’re coming from and knows how to help.
Cook Attorneys has extensive experience defending people like you, with charges just like yours, in and outside of the courtroom. Let us help. Call today to schedule a free consultation.

Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!

 

You’re driving along, and you glance in your rearview mirror. You see blue lights, and your heart drops. You know you have to pull over, and you may even know what you were doing wrong. 

Most of us have been there at one time or another. But if you’ve been drinking, it adds a level of scariness to getting pulled over.

If this has happened to you, or if you’ve ever been charged with or suspected of a DUI in Virginia, we’re here to help and answer your questions about drunk driving laws.

 

WHAT IS A DUI?

In the Commonwealth of Virginia, you are not allowed to operate a motor vehicle, moped, or even a train while under the influence of alcohol or drugs. One way of measuring whether a driver is driving under the influence (DUI) is done by determining whether the amount of alcohol/drugs in the driver’s system is over the legal alcohol limit in VA.

While most DUI charges in Virginia are misdemeanors, there are certain circumstances your charge might be escalated into a felony DUI in Virginia.

 

WHAT IS THE LEGAL VIRGINIA BLOOD ALCOHOL LIMIT?

If the officer follows all of the procedures required by the statute and you submit to an approved test, you can be convicted of DUI if your Blood Alcohol Content (BAC) is at .08% or higher.  

If there is no test but you have consumed enough alcoholic beverages (or drugs) to noticeably affect your manner, disposition, movement, speech, or behavior, you can also be convicted for DUI.

 

WHAT ARE THE TESTS FOR DRUNK DRIVING IN VIRGINIA?

Field Sobriety Tests

When you are first pulled over, if the officer suspects you of driving under the influence of drugs or alcohol, he or she may have you perform a field sobriety test to determine whether there is probable cause to believe you are intoxicated. This may include asking you to stand on one leg, walk a straight line, follow a moving object with your eyes, etc.

The officer is required to offer you a preliminary breath test where you breathe into a small device that immediately tells the officer how much alcohol is on your breath. This preliminary breath test can be used by the officer to establish probable cause to arrest you; this test cannot be used by the prosecutor at trial to prove that you were drunk.

You are free to decline these tests and cannot be charged for refusing to do them. However, you can still be arrested and taken into the station where you would have to submit to a breath test.

Once you are arrested and transported to the jail or police station, the officer will ask you to take a breath test. This test can be used to prove that you were driving under the influence and refusing this test can result in additional charges.

 

If you feel your test has been wrongly administered, or you have incorrect results from them, you do not hesitate to contact Cook Attorneys today. We can help you understand your options and evaluate your chance of success.

 

WHAT ARE THE PENALTIES FOR DUI/DWI IN VIRGINIA?

Is dui a felony in VA or a misdemeanor? Can it be both? Because intoxication while operating a motor vehicle or train has such serious potential effects to yourself and others around you, the Virginia DUI penalties are quite high—and they increase as repeated offenses occur.

DUI in Virginia—First offense

BAC is .08%-.14%: Class 1 misdemeanor with a minimum $250 fine.

BAC is .15%-.19%: Class 1 misdemeanor with a minimum $250 fine and a minimum 5-day jail stay.

BAC is .20% or higher: Class 1 misdemeanor with a minimum $250 fine and a minimum 10-day jail stay.

Second offense DUI—less than 5 years from first

BAC of .08% or higher: Class 1 misdemeanor with a minimum $500 fine and a minimum 20-day jail stay (in addition to minimum sentences for alcohol levels, above).

Second offense DUI—5 to 10 years from first

BAC of .08% or higher: Class 1 misdemeanor with a minimum $500 fine and a minimum 10-day jail stay (in addition to minimum sentences for alcohol levels, above).

 

IS DUI A FELONY IN VA?

According to Virginia DUI law, anyone who has three DUI offenses “committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony.” To be specific, the below cases are considered felony DUI in Virginia:

Third offense DUI—5 to 10 years from first

BAC of .08% or higher: Class 6 felony with a minimum $1000 fine and a jail stay of at least 90 days (in addition to minimum sentences for alcohol levels, above).

Third offense DUI—less than 5 years from the first

BAC of .08% or higher: Class 6 felony with a minimum $1000 fine and a jail stay of at least 6 months (in addition to minimum sentences for alcohol levels, above).

Fourth offense DUI—less than 10 years from the first

BAC of .08% or higher: Class 6 felony with a minimum $1000 fine and a jail stay of at least 1 year (in addition to minimum sentences for alcohol levels, above).

In some cases, even if it’s your first offense, you may be charged with a felony DUI in Virginia if you have seriously injured or killed someone (involuntary manslaughter) with your vehicle as a result of your driving while intoxicated.

In addition to jail time and a fine, if you are convicted of DUI, you must attend ASAP (Alcohol Safety Action Program) classes and may be required to install an ignition interlock device on your cars. 

In addition to criminal penalties, your driver’s license will be suspended or revoked, the DMV will add driving demerit points to your driving record, and your insurance rates will go up.

 

WHAT HELP IS THERE IF I AM ARRESTED FOR A DUI?

You should call a lawyer immediately if you are arrested for a DUI, especially a felony DUI in Virginia. 

Cook Attorneys offers free consultations in criminal defense cases like yours. 

We have experienced felony DUI attorneys who can help you navigate the legal system, help you understand your options regarding Virginia DUI laws, and fight for you in court. Don’t hesitate—call us today.

Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!

 

Harassing other people is not necessarily a crime, but there are times that harassment can cross the line into criminal behavior. So what makes harassment criminal, according to Virginia law? Can you go to jail for threatening someone? What are the criminal charges for harassment?

HARASSMENT: DEFINED

Harassment, as it is generally understood, is repeated and aggressive action that annoys or intimidates a person or group of people, thereby causing anxiety or fear. Looking at criminal law in the Commonwealth of Virginia, the five most common statutes that punish harassing behavior that crosses the line into criminal activity are phone harassment laws, computer harassment laws, obscene harassment laws, threat harassment laws, and privacy intrusion laws. 

Phone Harassment

Definition: “Causing telephone or pager to ring with intent to annoy.” You are not allowed to use your phone or let anyone else use your phone in order to annoy instead of communicating with another person. 

Penalties are more severe if the harassing calls are made to emergency numbers such as 911. 

Penalty: Class 3 misdemeanor, Class 2 misdemeanor, Class 1 misdemeanor (depending on to whom the telephone calls are made and how often)

Computer Harassment

Definition: “[I]ntent to coerce, intimidate, or harass any person, [using] a computer or computer network.” You are not allowed to use your computer to be lewd, lascivious, profane, or obscene toward someone with the intent of harassing them. 

You are also not allowed to threaten people with illegal acts. 

Penalty: Class 1 misdemeanor

Obscene Harassment

Definition: “Use of profane, threatening, or indecent language over public airways or by other methods.” You are not allowed to threaten or harass anyone via any method—including but not limited to CB radio, video chat, and telephone (whether it’s a smart phone or not). 

Penalty: Class 1 misdemeanor

Threat Harassment

Definition: “Threats of death or bodily injury to a person or […] persons.” No matter what method (verbal, written, or otherwise), you are not allowed to tell anyone you are going to hurt or kill them anywhere—including on school grounds, at hospitals. 

Penalty: Class 1 misdemeanor, Class 6 felony, Class 5 felony (depending on who is harassed and how often)

Privacy Intrusion

Definition 1: “Use of a person’s identity with the intent to coerce, intimidate, or harass.” You are not allowed to share someone’s photo, address, or other personal information with other people, if you are doing so for nefarious purposes. 

Definition 2: “Unlawful dissemination or sale of images of another.” You are not allowed to distribute nude photographs or videos of anyone without their consent. 

Penalty: Class 1 misdemeanor or Class 6 felony (depending on who is the victim)

 

STALKING: DEFINED

In Virginia, the legal definition of stalking is a repeated action that causes a person or persons to fear death, injury, or sexual assault for themselves or their families. See full Virginia code.

The first conviction for breaking Virginia stalking laws is a Class 1 misdemeanor, but repeated offenses involve higher penalties, including Class 6 or even Class 5 felonies. 

Virginia takes stalking very seriously. If someone is stalking across state lines, only one instance of stalking needs to have happened in Virginia to be prosecutable in Virginia. 

Call local criminal attorneys, Cook Attorneys, right away if you have been charged with stalking in Virginia.

HARASSMENT AND STALKING PENALTIES

As we’ve seen, harassment and stalking at various levels have varying penalties—anywhere from Class 3 misdemeanor to Class 5 felony. Below are some helpful tables, explaining what those terms mean and what the consequences are for each. 

Misdemeanor. See full Virginia code.

 

Misdemeanor class	Max jail sentence	Max fine
Class 1	12 months	$2,500
Class 2	6 months	$1,000
Class 3	N/A	$500
Class 4	N/A	$250

Felony. See full Virgina Code.

 

Felony class	Max jail sentence	Min jail sentence	Max fine
Class 1	Life	N/A	$100,000
Class 2	Life	20 years	$100,000
Class 3	20 years	5 years	$100,000
Class 4	10 years	2 years	$100,000
Class 5	10 years	2 years	$2,500
Class 6	5 years	1 year	$2,500

 

IF YOU ARE BEING HARASSED OR STALKED…

If you are being harassed or stalked in Virginia, you probably have questions like: Can I get a harassment restraining order in VA? Is stalking a felony? How do I place telephone harassment charges? 

What do I do if I’m receiving threatening phone calls? Call your local Commonwealth’s Attorney’s office or local law enforcement agency to discuss the benefits of taking legal action.

 

IF YOU ARE BEING ACCUSED OF HARASSMENT AND/OR STALKING…

Call Cook Attorneys, local defense attorneys, today, to understand your options. Cook Attorneys has a history of criminal defense in cases of harassment and stalking, and we will help you through every step of the legal process. 

Schedule a free consultation right away.

Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!

 

Can you get deported for domestic violence? If you are an immigrant (either legally or illegally, and even if you have your green card), there are certain crimes you can be deported for. Domestic violence is one of them. In this blog, we tell you the facts about domestic violence and immigration law—and how domestic violence charges could result in the deportation of you or your loved one.

What is Domestic Violence?

 

Legally, domestic violence (DV) is abuse (or threats of abuse) against an intimate partner or family member (whether by blood or marriage). An “intimate partner” is:

• Your spouse..
• Your domestic partner
• Your current or ex-boyfriend/girlfriend.
• Your current or ex-fiancé/fiancée
• A person who lives with you.
• The mother or father of your child.

 

Abuse, by law, is considered:

• Physically hurting someone, whether you meant to or not.
• Sexually assaulting someone.
• Threatening or promising to hurt someone.
• Harassing someone.
• Stalking someone.
• Destroying someone’s physical property.

 

What is Child Abuse?

Child abuse and child neglect are forms of domestic abuse, and they sometimes have even higher penalties than DV. You could face the child abuse penalty if you…

• Cause or threaten purposeful injury of a child.
• Cause or threaten purposeful injury of a child during the manufacture or sale of certain drugs.
• Neglect or refuse to provide for the child in your care. This includes clothes, food, shelter, health care, or emotional nurture.
• Abandon a child. This includes refusing or being unable to care for the child due to mental or physical incapacity.
• Are complicit in sexual abuse.
• Leave a child alone with a non-related registered violent sex offender.

 

It is not considered abuse if you are disciplining your child in a way that does not jeopardize their health or welfare. It is not abuse if you do not give them permission to do things that the law prohibits (like smoke, drink, or get a tattoo).
It is not abuse if you set a curfew for or open the mail of a child 18 years or younger.

 

What is the penalty of a misdemeanor Domestic Violence charge?

In Virginia, a misdemeanor domestic violence conviction could result in up to a year in prison and up to a $2,500 fine. You can be deported for a misdemeanor domestic violence conviction, and you can also be deported if you accept Virginia’s “first offender status” even though it results in a dismissal of the criminal charge. Before pleading guilty or agreeing to “first offender status,” be sure to make sure your local defense attorney understands and explains the immigration consequences of that decision.

 

What is the penalty of a felony Domestic Violence charge?

A Virginia felony domestic assault conviction could result in up to five years in state prison and up to $10,000 in fines. If you are an immigrant (legally or illegally, in any stage of the immigration process), you can be deported for a felony DV conviction.

 

What are the penalties for Child Abuse/Neglect in Virginia?

Child abuse/neglect is considered anywhere from a class 4 to a class 6 felony, which could result in up to 10 years in state prison and up to $10,000 in fines.
It is also highly likely that the court will enter a Protective Order, which means you have to follow extra rules (like parenting classes, for example) and submit to state visits of your home while you are awaiting trial. You can be deported if you are convicted.

 

Is domestic violence a crime of moral turpitude?

An important term in immigration law is “Crime of Moral Turpitude,” which is defined as a crime that is done recklessly or with evil intent, and is inherently base, vile, depraved, and immoral. Domestic violence almost always falls under this category, and multiple DV convictions make it very likely that you will be deported.

 

How can I avoid deportation for Domestic Violence?

The best way to avoid deportation is to avoid activities that could even resemble DV or child abuse/neglect. But if you unfortunately find yourself accused of such a crime, a good lawyer can sometimes keep you from being convicted or keep you from being deported. The intersection of state criminal law and (federal) immigration law can be complicated, so it’s essential to hire a lawyer who understands both.

Cook Attorneys are skilled immigration and criminal defense attorneys. We are knowledgeable about domestic violence and immigration consequences. Let us help you learn what your options are and try to keep you from being deported. Contact us today to start your case off right!

Do you have other questions about immigration? Schedule an immigration consultation.

Fill out the form below to request more information about how we as criminal and immigration attorneys can serve you. We look forward to hearing from you!

 

When it comes to gun laws—specifically concealed carry laws—the rules can vary from state to state. In this post, we’ll tell you what you need to know about Virginia concealed carry—from how to get a concealed carry permit, to where it’s valid and even what to do if you break the law.

 

Virginia Concealed Carry Laws

 

It’s super important to know all the laws about handgun purchase, use, and ownership. For more information on Virginia’s gun carry laws in general, see our blog post. 

 

It is a crime in Virginia to carry a firearm which is concealed from view unless you have a concealed handgun permit.  Here are the basics of Virginia Concealed Weapon laws:

• You must be 21 years old or older to apply for a Virginia Concealed Carry Permit.
• You must have a permit to be able to carry concealed weapons; if you do not have a permit and are otherwise eligible to possess a firearm, you can carry them openly.
• If you have a permit, you must have it with you whenever you have weapons in your possession. 
• Even if you have a permit, certain public places, government buildings, and private property owners may prohibit you from carrying firearms even if you have a permit. 
• Breaking a Concealed Weapons law is punishable by law, and is considered at least a Class 1 Misdemeanor.

 

Application for a Concealed Carry Permit

Okay, so you’ve decided that it would be good for you to carry a concealed firearm. Now what? The first thing you want to do is apply for a permit. Most cities have an office or procedure for applying, and those applications are governed by state law.

 

In order to apply for a Virginia Concealed Weapons Permit (also known as a Concealed Handgun Permit or Handgun Permit), you must…

• Be 21 years of age or older.
• Fill out the VA concealed carry form and submit it to the Circuit Court.
• Provide a valid address in the city you are applying for the permit in.
• Provide proof of one or more of these:
  • Handgun safety or training course.
  • Previous valid permit.
  • Military service.
• Pay the fee (not to exceed $50, depending on the city).
  

 

You may not obtain a permit if you…

• Are under 21 years of age.
• Have a protective order against you.
• Have certain misdemeanors or any felony on your record.
• Are not a legal citizen of the United States.
• Are addicted to or in possession of illegal marijuana or other controlled substances.
• Have been dishonorably discharged from the Armed Forces of the United States.
• Have been ordered by the court not to use firearms.
• Received inpatient mental health or substance abuse treatment any time in the past 5 years.
• Meet any of the other prohibition qualifications in the state law. 

To learn more about obtaining a Concealed Carry Permit in VA or to obtain an application, visit the state website. From there, you can read up on the regulations, download an application form, and find out what to do if your application is denied.

 

Penalties for Breaking Concealed Carry Laws

 

Gun laws are politically controversial.  The Second Amendment of the United States Constitution guarantees the right to keep and bear arms while many voters have a growing concern about safety while in public.  Gun laws are in place in an attempt to balance the equation, so violations of Virginia gun laws are taken very seriously.

 

You may be charged with breaking the Concealed Carry laws if…

• You are carrying without having your permit on you.
• Your permit has been revoked (whether you know about it or not).
• You are carrying (concealed or open) in a place where guns are prohibited.
• You are disqualified from or ineligible to possess a firearm.

 

Regardless of your Concealed Carry status, you are not allowed to take guns to…

• Private property where the owner has prohibited them.
• Church services or worship gatherings (most of the time).
• Courthouses.
• School property (unless you’re picking up or dropping off someone or sitting in the parking lot and not exiting the vehicle).
• Airport terminals.

 

The charges get increasingly severe, the more you are charged with this crime:

• First offense: Class 1 Misdemeanor.
• Second offense: Class 6 Felony.
• Third offense (and subsequent): Class 5 Felony.

 

If you have found yourself confused about the laws or charged with this crime, the local defense attorneys at Cook Attorneys can help. We can even help you re-qualify for a gun permit in Virginia, in certain circumstances. To consult about these or other questions regarding this second amendment right, contact us today. For the VA state code on handguns, see the state webpage.

 

Our Harrisonburg lawyers can work with you to restore your gun rights and, in some cases, to expunge the documents relating to your arrest. 

 

Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!

 

When it comes to gun laws—specifically concealed carry laws—the rules can vary from state to state. In this post, we’ll tell you what you need to know about Virginia concealed carry—from how to get a concealed carry permit, to where it’s valid and even what to do if you break the law.

 

Virginia Concealed Carry Laws

 

It’s super important to know all the laws about handgun purchase, use, and ownership. For more information on Virginia’s gun carry laws in general, see our blog post. 

 

It is a crime in Virginia to carry a firearm which is concealed from view unless you have a concealed handgun permit.  Here are the basics of Virginia Concealed Weapon laws:

• You must be 21 years old or older to apply for a Virginia Concealed Carry Permit.
• You must have a permit to be able to carry concealed weapons; if you do not have a permit and are otherwise eligible to possess a firearm, you can carry them openly.
• If you have a permit, you must have it with you whenever you have weapons in your possession. 
• Even if you have a permit, certain public places, government buildings, and private property owners may prohibit you from carrying firearms even if you have a permit. 
• Breaking a Concealed Weapons law is punishable by law, and is considered at least a Class 1 Misdemeanor.

 

Application for a Concealed Carry Permit

Okay, so you’ve decided that it would be good for you to carry a concealed firearm. Now what? The first thing you want to do is apply for a permit. Most cities have an office or procedure for applying, and those applications are governed by state law.

 

In order to apply for a Virginia Concealed Weapons Permit (also known as a Concealed Handgun Permit or Handgun Permit), you must…

• Be 21 years of age or older.
• Fill out the VA concealed carry form and submit it to the Circuit Court.
• Provide a valid address in the city you are applying for the permit in.
• Provide proof of one or more of these:
  • Handgun safety or training course.
  • Previous valid permit.
  • Military service.
• Pay the fee (not to exceed $50, depending on the city).
  

 

You may not obtain a permit if you…

• Are under 21 years of age.
• Have a protective order against you.
• Have certain misdemeanors or any felony on your record.
• Are not a legal citizen of the United States.
• Are addicted to or in possession of illegal marijuana or other controlled substances.
• Have been dishonorably discharged from the Armed Forces of the United States.
• Have been ordered by the court not to use firearms.
• Received inpatient mental health or substance abuse treatment any time in the past 5 years.
• Meet any of the other prohibition qualifications in the state law. 

To learn more about obtaining a Concealed Carry Permit in VA or to obtain an application, visit the state website. From there, you can read up on the regulations, download an application form, and find out what to do if your application is denied.

 

Penalties for Breaking Concealed Carry Laws

 

Gun laws are politically controversial.  The Second Amendment of the United States Constitution guarantees the right to keep and bear arms while many voters have a growing concern about safety while in public.  Gun laws are in place in an attempt to balance the equation, so violations of Virginia gun laws are taken very seriously.

 

You may be charged with breaking the Concealed Carry laws if…

• You are carrying without having your permit on you.
• Your permit has been revoked (whether you know about it or not).
• You are carrying (concealed or open) in a place where guns are prohibited.
• You are disqualified from or ineligible to possess a firearm.

 

Regardless of your Concealed Carry status, you are not allowed to take guns to…

• Private property where the owner has prohibited them.
• Church services or worship gatherings (most of the time).
• Courthouses.
• School property (unless you’re picking up or dropping off someone or sitting in the parking lot and not exiting the vehicle).
• Airport terminals.

 

The charges get increasingly severe, the more you are charged with this crime:

• First offense: Class 1 Misdemeanor.
• Second offense: Class 6 Felony.
• Third offense (and subsequent): Class 5 Felony.

 

If you have found yourself confused about the laws or charged with this crime, the local defense attorneys at Cook Attorneys can help. We can even help you re-qualify for a gun permit in Virginia, in certain circumstances. To consult about these or other questions regarding this second amendment right, contact us today. For the VA state code on handguns, see the state webpage.

 

Our Harrisonburg lawyers can work with you to restore your gun rights and, in some cases, to expunge the documents relating to your arrest. 

 

Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!

 

The laws about carrying guns in Virginia are nuanced. While Virginia is an open-carry state, there are exceptions, and you cannot just walk around with any gun wherever you want at any age. You can also get a permit for concealed carry, but that comes with its own set of rules.

 

Today, we’re tackling Virginia open carry laws, and taking the guesswork out of carrying and transporting guns, open vs. concealed carry, open carry in your car, etc. 

 

Open Carry Rights

 

Can you carry a gun without a permit? If you are 18 years or older and you are not otherwise forbidden to possess a firearm, you are allowed to carry/transport a gun in plain sight without a permit.

 

But you might have guessed that the laws aren’t quite that straightforward. There are always exceptions! 

 

As one of the states with open carry laws, Virginia allows you to open carry unless…

• The gun is a semi-automatic rifle or pistol equipped with a magazine that will hold more than 20 rounds of ammunition.
• The gun has a silencer on it OR is designed to have a silencer on it.
• The gun is equipped with a folding stock.
• The shotgun holds seven or more rounds in its chamber (even if it is unloaded).

 

Note that these rules don’t apply if the person carrying the gun is…

• A law-enforcement officer.
• A licensed security guard.
• On-duty military personnel.
• The holder of a valid concealed handgun permit.
• Hunting lawfully.
• Shooting lawfully at an established, legal shooting range.

These rules also do not apply if the property owner has clearly-displayed signs preventing guns on the property or if the city or other local government municipality has laws dictating stricter restrictions.

 

Concealed Carry Rights

 

If you are 21 years or older, you can apply for a concealed carry permit. In order to obtain a permit to carry weapons in trunks or under clothing (basically, anywhere it isn’t readily visible), you need the following things:

• The filing fee and an application with your city or county (not the state).
• Background check (which the city or county will run on you).
• Documentation of proof of handgun competency. There are certified safety classes you can take that will provide this.

 

You can find information here about applying for a concealed carry permit in Harrisonburg or Rockingham County, 

 

Once the permit has been issued, you are allowed to carry a concealed firearm anywhere in Virginia. However, you may not carry them where a private or government property has clearly-displayed signs preventing guns at the establishment—or if you fall under the list of people who are not allowed to carry weapons.

 

“Shall Issue” Law

Virginia has a “Shall Issue” law, which means that cities and counties are required to issue concealed carry permits unless there is a known legal reason not to do so. This prevents the cities and counties from issuing permits as they see fit and withholding permits from people who are legally eligible for them.

 

Private Property and Guns

If you own private property, and you have strong feelings against guns being on your property, you are allowed to post signs prohibiting them. This is common in banks, bars, and other places of business, but it applies to any property, including private homes.

If you are a gun owner/user, pay attention to signs which may prohibit guns, ammunition, or components of either. The signs may be in any…

• Building or part of a building that is used for government purposes.
• Public park.
• Recreation or community center.
• Public street/road/alley/sidewalk/etc. that is adjacent to a permitted event.
• Hospitals.
• Sports arenas.
• Gambling facilities.
• Polling places.

 

That is certainly not a complete list, and none of those places are mandatory no-gun zones by state law, so keep your eyes open. 

 

“Stand Your Ground” Law

In general in the Commonwealth of Virginia, you are allowed to stand your ground and utilize force, up to and including deadly force with a gun, if someone is attacking you. This falls under self-defense laws. 

 

However, if you provoke the attack, you have to prove that you got as far away as possible and abandoned the original attack before it is legal for you to fight back in self-defense (with or without a gun). 

 

If you have any questions about the Virginia stand your ground law or about self-defense or gun laws in general, don’t hesitate to contact Cook Attorneys today.

 

Conclusion

Penalties for violating gun laws range from Class 1 Misdemeanor to Class 5 Felony, so gun laws are not something to be taken lightly. If you are ticketed or arrested for illegal gun possession or carry, contact Cook Attorneys, your local Harrisonburg lawyers.

 

Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!

 

The laws about carrying guns in Virginia are nuanced. While Virginia is an open-carry state, there are exceptions, and you cannot just walk around with any gun wherever you want at any age. You can also get a permit for concealed carry, but that comes with its own set of rules.

 

Today, we’re tackling Virginia open carry laws, and taking the guesswork out of carrying and transporting guns, open vs. concealed carry, open carry in your car, etc. 

 

Open Carry Rights

 

Can you carry a gun without a permit? If you are 18 years or older and you are not otherwise forbidden to possess a firearm, you are allowed to carry/transport a gun in plain sight without a permit.

 

But you might have guessed that the laws aren’t quite that straightforward. There are always exceptions! 

 

As one of the states with open carry laws, Virginia allows you to open carry unless…

• The gun is a semi-automatic rifle or pistol equipped with a magazine that will hold more than 20 rounds of ammunition.
• The gun has a silencer on it OR is designed to have a silencer on it.
• The gun is equipped with a folding stock.
• The shotgun holds seven or more rounds in its chamber (even if it is unloaded).
• You are in a place of religious worship while a religious meeting is being held.
• You are in a courthouse.
• You are in any state government building.
• You are in an airport terminal.

 

Note that these rules don’t apply if the person carrying the gun is…

• A law-enforcement officer.
• A licensed security guard.
• On-duty military personnel.
• The holder of a valid concealed handgun permit.
• Hunting lawfully.
• Shooting lawfully at an established, legal shooting range.

These rules also do not apply if the property owner has clearly-displayed signs preventing guns on the property or if the city or other local government municipality has laws dictating stricter restrictions.

 

Concealed Carry Rights

 

If you are 21 years or older, you can apply for a concealed carry permit. In order to obtain a permit to carry weapons in trunks or under clothing (basically, anywhere it isn’t readily visible), you need the following things:

• The filing fee and an application with your city or county (not the state).
• Background check (which the city or county will run on you).
• Documentation of proof of handgun competency. There are certified safety classes you can take that will provide this.

 

You can find information here about applying for a concealed carry permit in Harrisonburg or Rockingham County, 

 

Once the permit has been issued, you are allowed to carry a concealed firearm anywhere in Virginia. However, you may not carry them where a private or government property has clearly-displayed signs preventing guns at the establishment—or if you fall under the list of people who are not allowed to carry weapons.

 

“Shall Issue” Law

Virginia has a “Shall Issue” law, which means that cities and counties are required to issue concealed carry permits unless there is a known legal reason not to do so. This prevents the cities and counties from issuing permits as they see fit and withholding permits from people who are legally eligible for them.

 

Private Property and Guns

If you own private property, and you have strong feelings against guns being on your property, you are allowed to post signs prohibiting them. This is common in banks, bars, and other places of business, but it applies to any property, including private homes.

If you are a gun owner/user, pay attention to signs which may prohibit guns, ammunition, or components of either. The signs may be in any…

• Building or part of a building that is used for government purposes.
• Public park.
• Recreation or community center.
• Public street/road/alley/sidewalk/etc. that is adjacent to a permitted event.
• Hospitals.
• Sports arenas.
• Gambling facilities.
• Polling places.

 

That is certainly not a complete list, and none of those places are mandatory no-gun zones by state law, so keep your eyes open. 

 

“Stand Your Ground” Law

In general, in the Commonwealth of Virginia, you are allowed to stand your ground and utilize reasonable force, up to and including deadly force with a gun if it is reasonable, if someone is attacking you. This falls under self-defense laws.

 

However, if you provoke the attack, you have to prove that you got as far away as possible and abandoned the original attack before it is legal for you to fight back in self-defense (with or without a gun). 

 

If you have any questions about the Virginia stand-your-ground law, self-defense, or gun laws in general, don’t hesitate to contact Cook Attorneys today.

 

Conclusion

Penalties for violating gun laws range from Class 1 Misdemeanor to Class 5 Felony, so gun laws are not something to be taken lightly. If you are ticketed or arrested for illegal gun possession or carry, contact Cook Attorneys, your local Harrisonburg lawyers.

 

Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!

WHEN DO NEW GUN RESTRICTIONS TAKE EFFECT?

Like many states around the country in recent years, Virginia in 2020 enacted many new gun control laws which affect many residents in Harrisonburg and Rockingham County, an area where gun ownership is prevalent. On July 1, 2020, several new Virginia handgun laws came into effect. Here’s what you need to know about the Virginia gun control laws and who to contact if you need a lawyer.

 

RECENTLY TIGHTENED GUN LAWS IN VIRGINIA

• Expanded need for background checks

Before 2020, background checks were required for certain gun purchases but not every gun purchase.  For example, criminal history background checks were required when guns were purchased from a licensed firearms dealer but not when the transaction was between private individuals.  With the change in the law this year, background checks must now be conducted by the seller on the buyer in every firearm purchase—even if the seller knows or is related to the purchaser.

• Addition of a “Red Flags” policy

A new law now permits a judge or magistrate to order all firearms to be taken from someone who is deemed dangerous to themselves or others. There’s more to this law, but the removal of guns is only permitted for 14 days unless there’s a court hearing during that time in which the judge extends the removal order for up to 180 days.  This new law is meant to keep guns out of the hands of mentally unstable people, but it remains to be seen whether this new law will be effective and whether it will be abused.  

• Limit of purchases to one gun per month

Since the one-gun-per-month law was repealed in 2012, Virginia gun owners could legally purchase as many guns in any time frame as they could afford. Now that law has been reinstated, and a person is again allowed to buy only one gun at a time, with at least 30 days in between purchases. 

• Requirements of reporting lost or stolen guns

Under a new law, if a gun owner discovers that a firearm is lost or stolen, she must report the loss to police within 48 hours.

• Increased prosecution for users of guns around minors

For years in Virginia, it has been a Class 3 misdemeanor with, at most, a $500 fine to leave a loaded or unsecured gun around a child 14 or younger. The new law increases the crime to a Class 1 Misdemeanor and the penalty to up to $2500 fine and/or jail time up to 12 months.

• Allowance for cities to restrict guns in certain areas

City Councils and County Boards of Supervisors are now authorized to prohibit guns in certain places, such as government buildings, community centers, and outdoor parks. If they do prohibit guns, they must have signage posted clearly around the designated area(s).

• Other new gun laws
• • Childcare facilities in someone’s home must have all guns locked while children are present.
  • No one is allowed to purchase or own a trigger activator (a device that makes semi-automatic firearms shoot more than one shot at a time).
  • Certain gun safes will be exempt from retail sales tax in order to encourage people to own them.
  • A person served with a permanent protective order must surrender all guns to the police within 24 hours or certify that he has no firearms in his possession.

 

THE SECOND AMENDMENT IN VIRGINIA

Notwithstanding the new 2020 laws which generally put greater restrictions on the legal use and possession of firearms, the Second Amendment is still alive and well in Virginia. Both the Second Amendment to the United States Constitution and the Constitution of the Commonwealth of Virginia guarantee to Virginians the right to bear arms. Virginia remains a state where “open carry” is legal and “stand your ground” is still a valid defense. There is no widespread Virginia gun ban.

In various court cases throughout the years, the following decisions have been made about Virginia gun laws:

• State universities are allowed to restrict the areas on campus where guns are allowed.
• Private property owners are allowed to restrict/prohibit guns on their own property.
• A private entity that is leasing a government facility/grounds is allowed to restrict/prohibit guns at their event.
• It is not unconstitutional to require a Virginia gun permit to carry a concealed weapon.
• It is not unconstitutional to restrict gun purchases to one gun every 30 days per person.
• The state is within its rights to prohibit guns being discharged within 100 yards of a building or on/near a road. Exceptions are made for defending yourself, someone else, or property.

 

COOK ATTORNEYS AND FIREARM CASES

If you or a loved one has been charged or convicted of a gun-related crime, don’t hesitate to contact Cook Attorneys, your local firearm lawyers. As seasoned gun rights attorneys in Harrisonburg, Virginia, we can help you with…

• Defending your case
• Expunging your record
• Petitioning to return guns surrendered due to “Red Flag” laws
• Petitioning to have your firearm rights restored
• Answering any questions you have about gun-related crimes or concealed carry laws in Virginia

Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!

WHEN DO NEW GUN RESTRICTIONS TAKE EFFECT?

Like many states around the country in recent years, Virginia in 2020 enacted many new gun control laws which affect many residents in Harrisonburg and Rockingham County, an area where gun ownership is prevalent. On July 1, 2020, several new Virginia handgun laws came into effect. Here’s what you need to know about the Virginia gun control laws and who to contact if you need a lawyer.

 

RECENTLY TIGHTENED GUN LAWS IN VIRGINIA

• Expanded need for background checks

Before 2020, background checks were required for certain gun purchases but not every gun purchase.  For example, criminal history background checks were required when guns were purchased from a licensed firearms dealer but not when the transaction was between private individuals.  With the change in the law this year, background checks must now be conducted by the seller on the buyer in every firearm purchase—even if the seller knows or is related to the purchaser.

• Addition of a “Red Flags” policy

A new law now permits a judge or magistrate to order all firearms to be taken from someone who is deemed dangerous to themselves or others. There’s more to this law, but the removal of guns is only permitted for 14 days unless there’s a court hearing during that time in which the judge extends the removal order for up to 180 days.  This new law is meant to keep guns out of the hands of mentally unstable people, but it remains to be seen whether this new law will be effective and whether it will be abused.  

• Limit of purchases to one gun per month

Since the one-gun-per-month law was repealed in 2012, Virginia gun owners could legally purchase as many guns in any time frame as they could afford. Now that law has been reinstated, and a person is again allowed to buy only one gun at a time, with at least 30 days in between purchases. 

• Requirements of reporting lost or stolen guns

Under a new law, if a gun owner discovers that a firearm is lost or stolen, she must report the loss to police within 48 hours.

• Increased prosecution for users of guns around minors

For years in Virginia, it has been a Class 3 misdemeanor with, at most, a $500 fine to leave a loaded or unsecured gun around a child 14 or younger. The new law increases the crime to a Class 1 Misdemeanor and the penalty to up to $2500 fine and/or jail time up to 12 months.

• Allowance for cities to restrict guns in certain areas

City Councils and County Boards of Supervisors are now authorized to prohibit guns in certain places, such as government buildings, community centers, and outdoor parks. If they do prohibit guns, they must have signage posted clearly around the designated area(s).

• Other new gun laws
• • Childcare facilities in someone’s home must have all guns locked while children are present.
  • No one is allowed to purchase or own a trigger activator (a device that makes semi-automatic firearms shoot more than one shot at a time).
  • Certain gun safes will be exempt from retail sales tax in order to encourage people to own them.
  • A person served with a permanent protective order must surrender all guns to the police within 24 hours or certify that he has no firearms in his possession.

THE SECOND AMENDMENT IN VIRGINIA

Notwithstanding the new 2020 laws which generally put greater restrictions on the legal use and possession of firearms, the Second Amendment is still alive and well in Virginia. Both the Second Amendment to the United States Constitution and the Constitution of the Commonwealth of Virginia guarantee to Virginians the right to bear arms. Virginia remains a state where “open carry” is legal and “stand your ground” is still a valid defense. There is no widespread Virginia gun ban.

In various court cases throughout the years, the following decisions have been made about Virginia gun laws:

• State universities are allowed to restrict the areas on campus where guns are allowed.
• Private property owners are allowed to restrict/prohibit guns on their own property.
• A private entity that is leasing a government facility/grounds is allowed to restrict/prohibit guns at their event.
• It is not unconstitutional to require a Virginia gun permit to carry a concealed weapon.
• It is not unconstitutional to restrict gun purchases to one gun every 30 days per person.
• The state is within its rights to prohibit guns being discharged within 100 yards of a building or on/near a road. Exceptions are made for defending yourself, someone else, or property.

 

COOK ATTORNEYS AND FIREARM CASES

If you or a loved one has been charged or convicted of a gun-related crime, don’t hesitate to contact Cook Attorneys, your local firearm lawyers. As seasoned gun rights attorneys in Harrisonburg, Virginia, we can help you with…

• Defending your case
• Expunging your record
• Petitioning to return guns surrendered due to “Red Flag” laws
• Petitioning to have your firearm rights restored
• Answering any questions you have about gun-related crimes or concealed carry laws in Virginia

Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!